WP(C) NO. 1797 OF 2025 : 1 : 2025:KER:26639 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. 1797 OF 2025 PETITIONERS: 1 S.G. DAVIS, AGED 57 YEARS S/O. GEORGE, SRAMBICKAL HOUSE, BINANIPURAM P.O., EDAYAR, PIN - 683502 2 USHA, AGED 52 YEARS W/O. S.G. DAVIS, SRAMBICKAL HOUSE, BINANIPURAM P.O., EDAYAR, PIN - 683502 BY ADVS. SHERRY J. THOMAS JOEMON ANTONY RENISH RAVEENDRAN ANTONY NILTON REMELO ANJANA P.V. RESPONDENTS: 1 THE REGISTRAR COOPERATIVE DEPARTMENT, OFFICE OF REGISTRAR, THIRUVANANTHAPURAM, PIN - 695001 2 SECRETARY, KADUNGALLUR SERVICE CO-OPERATIVE BANK LTD NO. 2165, (K.S.C.B), LTD. NO. 2165 GROUP, OFFICE OF THE ASST. REGISTRAR (G) OF CO- OPERATIVE SOCIETIES, NORTH PARAVOOR. - 683102 3 SPECIAL SALE OFFICER, KADUNGALLUR SERVICE CO- OPERATIVE BANK LTD (K.S.C.B) (K.S.C.B), LTD. NO. 2165 GROUP, OFFICE OF THE ASST. REGISTRAR (G) OF CO-OPERATIVE SOCIETIES, WP(C) NO. 1797 OF 2025 : 2 : 2025:KER:26639 NORTH PARAVOOR., PIN - 683102 BY ADVS. Dinesh Mathew J Murikan K.A.ABHILASH(K/123/2008) VINOD S. PILLAI(K/631/2012) MOHAMMED THAYIB N.M.(K/1451/2019) NAYANA VARGHESE(K/283/2021) RIA VARGHESE(K/1367/2023) JERRY PETER(K/3088/2023) R BY SR.GP SMT.MABLE C.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1797 OF 2025 : 3 : 2025:KER:26639 JUDGMENT The loans availed by the petitioners from the Kadungallur Service Co-operative Bank (Society) fell in arrears. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to the awards, execution proceedings were initiated. Exts.P1 to P4 are notices prior to attachment. Challenging Exts.P1 to P4, the petitioners have filed this writ petition. 2. A counter affidavit has been filed by respondents 2 and 3 wherein it is stated that as on 25.02.2025, an amount of Rs.8,13,194/- is outstanding in the loan account of the petitioners and the petitioners can be permitted pay the said WP(C) NO. 1797 OF 2025 : 4 : 2025:KER:26639 amount in reasonable installments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 18 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioners shall pay the outstanding amount of Rs.8,13,194/- along with accrued interest and applicable charges in 18 equal monthly installments commencing from 02.05.2025. (2) If the petitioners default payment of any of the installments, it will be open to the respondents 2 and 3 to proceed against them, for WP(C) NO. 1797 OF 2025 : 5 : 2025:KER:26639 the recovery of the amount in accordance with law. (3) To enable the petitioners to remit the installments, all coercive proceedings against them shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 1797 OF 2025 : 6 : 2025:KER:26639 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AUCTION NOTICE DATED 05-11-2024 IN E.P NO. 2009/18 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT Exhibit P2 THE TRUE COPY OF THE AUCTION NOTICE DATED 05-11-2024 IN E.P NO. 2009/18 TO THE 2ND PETITIONER BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE AUCTION NOTICE DATED 05-11-2024 IN E.P NO. 2010/18 TO THE 1ST PETITIONER BY THE 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE AUCTION NOTICE DATED 05-11-2024 IN E.P NO. 2010/18 TO THE 2ND PETITIONER BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE PETITION, DATED 7-1- 2025, SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT