Kerala High Court
Sreejith V M vs Eramala Service Co-Operative Bank ... on 15 January, 2026
2026:KER:3609
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 15TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947
WP(C) NO. 2726 OF 2025
PETITIONER:
SREEJITH V M,
AGED 43 YEARS,
S/O ACHUTHAN TM, NELLOLI MEETHAL KURINHALIYODE-PO,
VATAKARA KOZHIKODE DISTRICT, PIN - 673542.
BY ADVS.
SHRI.P.VENUGOPAL
SMT.SRILAKSHMI T.S.
RESPONDENTS:
1 ERAMALA SERVICE CO-OPERATIVE BANK LIMITED,
HEAD OFFICE, ORKKATTERI-PO, VATAKARA KOZHIKODE
DISTRICT, REPRESENTED BY ITS MANAGER, PIN - 673501.
2 JUNIOR CO-OPERATIVE INSPECTOR (SPECIAL SALE OFFICER)
PURAMERI SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR,
(GENERAL) OF CO-OPERATIVE SOCIETIES VATAKARA,
KOZHIKODE DISTRICT, PIN - 673101.
BY ADV SRI.K.MOHANAKANNAN
SMT. SILPA N.P (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2726 OF 2025
2
2026:KER:3609
JUDGMENT
The petitioner has approached this Court challenging proceedings initiated under the Kerala Co-operative Societies Act, 1969 by the respondent bank for recovery of the amounts due from the petitioner.
2. The learned counsel for the petitioner would submit that the petitioner may be permitted to clear the liability in instalments.
3. The learned counsel for the respondent bank submits that the petitioner committed default in repayment of a loan and the outstanding amount as on 26.03.2025 is Rs.8,52,358/- (Rupees eight lakhs fifty two thousand three hundred and fifty eight only). It is further submitted that though proceedings for recovery have been initiated, as a matter of indulgence, the respondent bank is willing to accept repayment of the outstanding amount in limited instalments.
4. Having regard to the circumstances of the case and the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the outstanding amount along with any accrued interest, costs and charges in 10 instalments.
5. Accordingly, there will be a direction to the respondent bank to accept repayment of the entire outstanding amount of WP(C) NO. 2726 OF 2025 3 2026:KER:3609 Rs.8,52,358/- (Rupees eight lakhs fifty two thousand three hundred and fifty eight only) along with any accrued interest, costs and charges from the petitioner in the following manner:-
(i) The petitioner shall pay the outstanding amount of Rs.8,52,358/-
(Rupees eight lakhs fifty two thousand three hundred and fifty eight only) along with any accrued interest, costs and charges in 10 equated monthly instalments;
(ii) The first instalment shall be paid on or before 30.01.2026 and the subsequent instalments shall be paid on or before the last working day of every succeeding months;
(iii) In the event of default of any one instalment, the respondent bank shall be entitled to proceed in accordance with the law;
(iv) In order to enable the petitioner to repay the entire amounts, all coercive proceedings shall be kept in abeyance.
The writ petition is disposed of as above.
Sd/-
GOPINATH P. JUDGE DK WP(C) NO. 2726 OF 2025 4 2026:KER:3609 APPENDIX OF WP(C) NO. 2726 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AUCTION/SALE NOTICE DATED 19-11-2024 ISSUED BY THE SECOND RESPONDENT RESPONDENT EXHIBITS Exhibit R1(a) TRUE COPY OF THE AWARD PASSED IN ARC 720/2022 DATED 24.11.2022 OF THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES GENERAL VATAKARA.