W.P(C) No.845 of 2025 1 2025:KER:26384 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO.845 OF 2025 PETITIONERS: 1 RETHIKAPRABHA, AGED 60 YEARS W/O. VISWANATHAN, PUTHUKUDI, MAKKADA, KOZHIKODE, PIN - 673611 2 BINSI, AGED 39 YEARS D/O. VISWANATHAN, PUTHUKUDI, MAKKADA, KOZHIKODE, PIN - 673611 3 BIBIN, AGED 41 YEARS S/O. VISWANATHAN, PUTHUKUDI, MAKKADA, KOZHIKODE, PIN - 673611 BY ADVS. R.SUDHISH M.MANJU RESPONDENTS: 1 CALICUT NORTH SERVICE CO-OPERATIVE BANK NO.LL.37 KARUVISSERY, KOZHIKODE, REPRESENTED BY ITS SECRETARY, PIN – 673010 W.P(C) No.845 of 2025 2 2025:KER:26384 2 THE ARBITRATOR/SPECIAL SALES OFFICER CALICUT NORTH SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, PUTHIYARA, KOZHIKODE, PIN - 673004 BY ADVS. P.P.JACOB MARIYAM JACOB(K/001406/2018) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.845 of 2025 3 2025:KER:26384 JUDGMENT The loans availed by the petitioners from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to Exts.P1 and P2 arbitration awards, Ext.P3 sale notice was issued to the petitioners. Challenging Ext.P3, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the 1st respondent to permit them to pay the entire due amount in 25 equal monthly installments. 2. The learned Counsel for the Society, on instructions, submits that, as on today (26.03.2025), a total amount of Rs.61,27,271/- is outstanding in the loan accounts of the petitioners and that they can be permitted to W.P(C) No.845 of 2025 4 2025:KER:26384 pay the said amount in reasonable installments. 3. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 22 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.61,27,271/- in 22 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. 5. If the petitioners default payment of any of the installments, it will be open to the respondents to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in W.P(C) No.845 of 2025 5 2025:KER:26384 installments as above, all coercive proceedings against them pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/27/03/2025 W.P(C) No.845 of 2025 6 2025:KER:26384 APPENDIX OF WP(C) 845/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE ARBITRATOR/ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE IN A.R.C. NO. 815 OF 2020 DATED 28.01.2021 Exhibit P2 TRUE COPY OF THE AWARD PASSED BY THE ARBITRATOR/ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE IN A.R.C. NO. 816 OF 2020 DATED 28.01.2021 Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 04.12.2024 ISSUED BY THE 2ND RESPONDENT