2025:KER:28759 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 903 OF 2025 PETITIONER: HAJARA. K. K AGED 45 YEARS W/O ASHKAR. T, RESIDING AT VAYALIL PUTHIYA PURAYIL’, IRUVANKAI, MUNDERI. P. O., EACHUR, KANNUR, PIN - 670591 BY ADV T.MANOJ KUMAR RESPONDENTS: 1 SPECIAL SALE OFFICER/ARBITRATOR (SENIOR CO-OPERATIVE INSPECTOR) ASSISTANT REGISTRAR (GENERAL) OFFICE, KANNUR, PIN – 670 002. 2 MOWANCHERY CO-OPERATIVE RURAL BANK LTD. NO.F.1279, MUNDERI MOTTA BRANCH, MUNDERI. P. O., EACHUR, KANNUR, REPRESENTED BY ITS SECRETARY, PIN – 670 591. BY ADVS. CIBI THOMAS SHANKARANARAYANAN, MABLE C. KURIEN, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.903 OF 2025 : 2 : 2025:KER:28759 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P2 sale notice was issued to the petitioner. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit her to pay the dues in instalments. 2. This Court, on 10.01.2025, ordered that, if sale takes place pursuant to Ext.P1, its confirmation shall stand deferred for a period of one month. The said order was being extended from time to time. 3. The learned Counsel for the Society, on WP(C) NO.903 OF 2025 : 3 : 2025:KER:28759 instructions, submitted that, as on 25.02.2025, an amount of Rs.8,51,105/- is overdue in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 4. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 6 equal monthly instalments. 5. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the overdue amount of Rs.8,51,105/- along with accrued interest and applicable charges in 6 equal monthly instalments commencing from 03.05.2025. The WP(C) NO.903 OF 2025 : 4 : 2025:KER:28759 instalments as above shall be payable in addition to the regular EMIs. b) If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.903 OF 2025 : 5 : 2025:KER:28759 APPENDIX OF WP(C) 903/2025 PETITIONER’S EXHIBITS EXHIBIT P1 THE TRUE COPY OF NOTICE DATED 15-10-2024 ISSUED BY RESPONDENT NO.1 UNDER RULE 81 (B) AND (C) OF CO-OPERATIVE SOCIETY RULES TO THE PETITIONER DIRECTING HER TO PAY A SUM OF RS.9,81,494/- WITHIN FIFTEEN DAYS ON THE RECEIPT OF THE SAID NOTICE. EXHIBIT P2 THE TRUE COPY OF NOTICE DATED 12-12-2024 UNDER RULE 81 OF CO-OPERATIVE SOCIETY RULES AS PER WHICH IT WAS INTIMATED TO THE PETITIONER THAT THE LANDED PROPERTY OF THE PETITIONER WOULD BE SOLD IN AUCTION ON 12-01-2025 AT THE PREMISE OF VILLAGE OFFICE OF MUNDERI VILLAGE AT KANNUR DISTRICT. EXHIBIT P3 THE TRUE COPY OF RECEIPT DATED 25-01-2024 SHOWING THAT PETITIONER PAID 1,00,000/-. EXHIBIT P4 THE TRUE COPY OF RECEIPT DATED 25-01-2024 SHOWING THAT PETITIONER PAID 1,00,165/-. EXHIBIT P5 THE TRUE COPY OF RECEIPT DATED 29-06-2024 SHOWING THAT PETITIONER PAID 60,100/-. EXHIBIT P6 THE TRUE COPY OF RECEIPT DATED 29-06-2024 SHOWING THAT PETITIONER PAID 60,088/-. EXHIBIT P7 THE TRUE COPY OF RECEIPT DATED 23-09-2024 SHOWING THAT PETITIONER PAID 60,065/-.