2025:KER:32176 W. P. (C) No. 21791 of 2018 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(C) NO. 21791 OF 2018 PETITIONER: O.K.RADHAKRISHNAN, S/O KUNJAPPAN, AGED 44 YEARS, VADAKKEPARAMBIL HOUSE, MANNAR MURI, KADUTHURUTHI, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV.SRI.LATHEESH SEBASTIAN RESPONDENTS: 1 KADUTHURUTHI KARSHAKA SERVICE CO-OPERATIVE BANK LTD NO 1233, KADUTHURUTHI P.O, KOTTAYAM 686 001, REPRESENTED BY ITS SECRETARY. 2 ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, VAIKOM 686 141, KOTTAYAM DISTRICT. 3 THE SPECIAL SALE OFFICER, MULAKKULAM SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, VAIKOM 686 141, KOTTAYAM DISTRICT. ADV. SRI. SALIM V.S. ADV. SRI. REJI JOSEPH ADV. SRI. A.M.FOUSI ADV. SRI. A.B.AJIN SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:32176 W. P. (C) No. 21791 of 2018 2 MOHAMMED NIAS C. P. , J. ========================= W. P. (C) No. 21791 of 2018 ========================= Dated this the 11th day of April, 2025 J U D G M E N T The petitioner challenges Exts.P1 & P2 proceedings issued by the respondents to recover the loan amount due to the first respondent bank. 2. Upon admission of the writ petition, an interim stay of all recovery proceedings was granted on condition that the petitioner pays an amount of Rs.1,00,000/- within a period of two weeks. The learned counsel for the petitioner submits that Rs.1,00,000/- was remitted to one of the loan accounts and the same was closed. 3. A counter affidavit has been filed on behalf of the 1st respondent stating that the petitioner had availed a non-agricultural loan bearing No. OL-60/357/14-15 from the bank on 16.3.2015 after executing Gahan No. 385/2015. The period of loan was 60 months with 15% interest rate and the same expired on 15.3.2020. It is stated that the principal amount due as of date is Rs.5,00,000/- and the interest due is Rs.8,49,608/- making a total outstanding as of 31.3.2025 as Rs.13,49,608/-. 4. The learned counsel for the petitioner seeks instalment facility to clear the loan. 5. After hearing the learned counsel appearing on both sides, I am inclined to 2025:KER:32176 W. P. (C) No. 21791 of 2018 3 dispose of the writ petition granting 12 equal successive monthly instalments commencing from 2nd May, 2025. In case the petitioner commits a single default, the petitioner will lose the benefit of this judgment and it will be open to the respondents to proceed with the recovery proceedings already initiated. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C. P., JUDGE MMG 2025:KER:32176 W. P. (C) No. 21791 of 2018 4 APPENDIX OF WP(C).NO.21791/2018 PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT WHICH IS NUMBERED AS ARC NO 758/2017. EXHIBIT P2 TRUE COPY OF THE NOTICE OF THE 2ND RESPONDENT DATED 28-05-2018. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 30-05-2018.