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Kerala High Court
Joseph Kurian vs The Joint Registrar Of Co-Operative ... on 6 February, 2026
2026:KER:10934
WP(C) NO. 48129 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
WP(C) NO. 48129 OF 2025
PETITIONER/S:
JOSEPH KURIAN , AGED 63 YEARS
S/O KURIAN ,THAYYYIL PARAPPU, AYYAPPANCOILP.O IDUKKI
DISTRICT., PIN - 685507
BY ADVS.
SHRI.GEORGE SEBASTIAN
SHRI.ASHISH P.A.
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
IDUKKI
OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES,
CHERUTHONI P.O., IDUKKI DISTRICT., PIN - 685602
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),IDUKKI, IDUKKI DISTRICT., PIN - 685584
3 THE ARBITRATION AND EXECUTION INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), IDUKKI,
IDUKKI DISTRICT., PIN - 685584
4 THE AYYAPPANCOIL SERVICE COOPERATIVE BANK LTD,
KATTAPPANA - KUTTIKKANAM ROAD, AYYAPPANCOIL P.O.,
IDUKKI , REPRESENTED BY ITS SECRETARY, PIN - 685505
BY ADVS.
SHRI.M.PAUL VARGHESE
SRI.M.M.MONAYE
SRI.K.V.SANOSH
SRI. V.K SUNIL (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 48129 OF 2025 2
JUDGMENT
This writ petition has been filed challenging the recovery
proceedings initiated by the respondent bank to recover amounts
due under credit facilities availed by the petitioners from the
respondent bank.
2. Learned counsel appearing for the petitioner
would submit that the petitioner is only seeking the liberty of
repaying the entire amount in some instalments.
3. Learned counsel appearing for the respondent
bank would submit that the writ petition has been filed stating the
wrong facts. It is submitted that after mortgaging the property,
the petitioner sold his property to a third party. It is submitted
that, notwithstanding the above, if the petitioner is willing to clear
the liability in insalmens, the bank has no objection in some
reasonable instalments being permitted to the petitioner to clear
the entire liability. It is submitted that the number of instalments
may be limited to four. It is submitted that the outstanding
amount, as on 13.12.2025, is Rs.13,72,400/- (Rupees Thirteen
lakhs seventy two thousand and four hundred only).
2026:KER:10934
4. The learned counsel for the petitioner submits that a
larger number of instalments may be granted.
5. Having regard to the facts and 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 in eight instalments.
6. Accordingly, there will be a direction to the
respondent bank to accept repayment of the entire outstanding
amount of Rs.13,72,400/- (Rupees Thirteen lakhs seventy two
thousand and four hundred only) along with accrued interest,
costs and bank charges from the petitioner in the following
manner:
(i) The outstanding amount of Rs.13,72,400/- (Rupees Thirteen
lakhs seventy two thousand and four hundred only) shall be
repaid in eight equated monthly instalments along with any
accrued interest, costs and charges;
(ii) The first instalment shall be paid on or before 06.03.2026
and the subsequent instalments shall be paid on or before
the 06th day of the 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 as above, all coercive proceedings shall be kept in
abeyance.
The disposal of this writ petition will not prevent the
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petitioner from seeking the benefits of any One Time
Settlement, that may be available. If One Time Settlement is
granted to the petitioner, petitioner will be governed by the
terms of the One Time Settlement scheme and not by the
directions contained in this judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
2026:KER:10934
WP(C) NO. 48129 OF 2025 5
APPENDIX OF WP(C) NO. 48129 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION DATED
20.08.2025 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT TO SET ASIDE THE EXPARTE AWARD
Exhibit P2 A TRUE COPY OF THE APPLICATION DATED
20.08.2025 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT TO CONDONE THE DELAY IN FILING
THE PETITION TO SET ASIDE THE EXPARTE AWARD
Exhibit P3 A TRUE COPY OF THE AUCTION NOTICE DATED
10.12.2025 ISSUED BY THE 3RD RESPONDENT
PUBLISHED IN MATHRUBHOOMI DAILY DATED
13.12.2025
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 19.08.2025
IN WP(C) 30769/2025
RESPONDENT EXHIBITS
Exhibit R4(a) True copy of the postal receipt dated
14.9.2023 addressed to the petitioner.
Exhibit R4(b) Postal acknowledgment page, bearing the
signature of the petitioner, in token of
having received the award.
Exhibit R4(c) True copy of the E.A Demand Notice dated
20.1.2025 issued by the 3rd respondent,
showing the signature of the wife of the
petitioner on the obverse side of the notice.
Exhibit R4(d) True copy of the 2nd demand notice dated
15.5.2025, with the signature of the
petitioner on the obverse side of the notice.
Exhibit R4(e) True copy of the Demand Notice dated 6.8.2025
issued by the 3rd respondent to the
petitioner.
Exhibit R4(f) True copy of the request letter dated
27.8.2025 submitted by the petitioner to the
President of the Bank.
Exhibit R4(g) True copy of the letter dated 20.8.2025 sent
to the petitioner by the 4th respondent Bank
