Saidumuhammad.I vs 1. The Alathur Primary Co-Operative ...
2026 Latest Caselaw 346 Ker

Kerala High Court

Saidumuhammad.I vs 1. The Alathur Primary Co-Operative ... on 14 January, 2026

                                                            2026:KER:2914
W.P (C) No.38997/2025               -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

     WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947

                         WP(C) NO. 38997 OF 2025

PETITIONER/S:

             SAIDUMUHAMMAD.I
             AGED 60 YEARS, S/O. ISMAIL, KADAMANCHOLA HOUSE,
             VAVULYAPURAM, THARUR II VILLAGE, ALATHUR,
             PALAKKAD, PIN - 678543


             BY ADV SHRI.M.C.JOHN


RESPONDENT/S:

      1      THE ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL - AND
             RURAL DEVELOPMENT (APCARD) BANK LTD.P.620
             ALATHUR, PALAKKAD REPRESENTED BY MANAGER., PIN - 678541

      2      SPECIAL SALE OFFICER
             ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT (APCARD) BANK LTD.P.620, ALATHUR, PALAKKAD,
             PIN - 678541


             BY ADV SRI.P.K.VIJAYAMOHANAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2025, THE COURT ON 14.01.2026 DELIVERED THE FOLLOWING:
                                                                   2026:KER:2914
W.P (C) No.38997/2025                   -2-

                                  JUDGMENT

The petitioner availed credit facilities from the respondent bank. On

default being committed, proceedings were initiated against the petitioner

under the provisions of the Kerala Co-operative Societies Act, 1969,

prompting the petitioner to approach this court by filing the above writ

petition.

2. The learned counsel appearing for the petitioner would submit that

the petitioner may be permitted to clear the entire liability in installments.

3. The learned counsel appearing for the respondent bank submits that

the outstanding amount due from the petitioner as on 14-01-2026 is

Rs.4,00,677/-. It is submitted that some reasonable installments can be given

to the petitioner to clear the entire liability.

4. Having heard the learned counsel for the petitioner and the learned

counsel appearing for the respondent bank and 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 fifteen (15) equal monthly instalments.

5. Accordingly, there will be a direction to the respondent bank to

accept repayment of the entire amount of Rs.4,00,677/- along with interest,

bank charges and costs from the petitioner in the following manner:

2026:KER:2914

(i) The outstanding amount of Rs.4,00,677/- together with any

accrued interest, bank charges and costs shall be repaid in fifteen

(15) equated monthly instalments;

(ii) The first instalment shall be paid on or before 30-01-2026 and

subsequent instalments shall be paid on or before the last

working day of every succeeding month;

(iii) In the event of default of any one instalment, the respondent

bank shall be entitled to proceed with recovery 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 AMG 2026:KER:2914

APPENDIX OF WP(C) NO. 38997 OF 2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE PETITIONER, DATED NIL FOR RS.100,000/-

Exhibit P1(a) TRUE COPY OF THE RELEVANT ENTRIES IN THE PASSBOOK OF THE PETITIONER DATED NIL FOR THE LOAN OF RS.200,000/-

Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 21/11/2023 ISSUED BY THE ALATHUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 12.05.2025 ISSUED BY THE 2ND RESPONDENT TO PETITIONER Exhibit P4 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 06/12/2024 ISSUED BY THE AMALA INSTITUTE Exhibit P5 A TRUE COPY OF THE SALE PROCLAMATION DATED 15/09/2025 ISSUED BY THE SECOND RESPONDENT