WP(C) NO. 1680 OF 2025 : 1 : 2025:KER:26635 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 1680 OF 2025 PETITIONER: RAJEEV. P.S, AGED 52 YEARS S/O. SUDHAKARAN PAMBUMKATTIL HOUSE, ASRAMAM VIA, PARALAM VENGINISSERY, P.O.KODANNUR, PARALAM THRISSUR DISTRICT, PIN - 680563 BY ADVS. A.N.SATHISH KUMAR SUJATHA E.R. RESPONDENTS: 1 THE VENGINISSERY SERVICE CO-OPERATIVE BANK LT.NO.R.528 VENGINISSERY.P.O, PARALAM, (PALAKKAL BRANCH), THRISSUR DISTRICT. REPRESENTED BY ITS SECRETARY, PIN - 680575 2 THE SPECIAL SALE OFFICER VENGINISSERY SCB GROUP,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), AYYANTHOLE,THRISSUR DISTRICT, PIN - 680003 BY ADV P.C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1680 OF 2025 : 2 : 2025:KER:26635 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears due to non payment of installments. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to Ext.R1(a) award, Exts.P1 and P2 auction notices were issued to the petitioner. Challenging Exts.P1 and P2, the petitioner has filed this writ petition. The petitioner has also sought for direction to the Society to permit him to clear off the entire outstanding amount in installments. 2. A counter affidavit has been filed by the 1st respondent wherein it is stated that, as on 17.02.2025, an amount of Rs.38,39,002/- is WP(C) NO. 1680 OF 2025 : 3 : 2025:KER:26635 outstanding in the loan account of the petitioner and the petitioner can be permitted pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner is not disputing the amount stated in the counter affidavit and that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.38,39,002/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 02.05.2025. WP(C) NO. 1680 OF 2025 : 4 : 2025:KER:26635 (2) If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 1680 OF 2025 : 5 : 2025:KER:26635 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT VIDE E.P.NO.109/2019, AWARD NO.1366/2017 UNDER FORUM NO.9, KERALA CO-OPERATIVE SOCIETIES RULES 81(E)) DATED 26.12.2024 Exhibit P2 A TRUE COPY OF THE SALE PROCLAMATION NOTICE TO THE PETITIONER VIDE E.P.NO.109/2019, AWARD NO.1366/2017 UNDER FORM NO.8, KERALA CO-OPERATIVE SOCIETIES RULES 81(E)) DATED 26.12.2024 RESPONDENT EXHIBITS EXHIBIT R1(a) A TRUE COPY OF THE AWARD IN ARC 1366/2017 DATED 30-08-2017