2025:KER:26412 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 2395 OF 2025 PETITIONER/S: M.J.JOSEPH AGED 82 YEARS S/O VARKEY JOSEPH, MADATHIKKUNEL, KULATHINKARA, MUTTICHIRA P.O, KOTTAYAM DISTRICT, PIN - 686613 BY ADVS. R.SURAJ KUMAR N.G.SINDHU SREELAKSHMI J PILLAI SUNIL J.CHAKKALACKAL SUNITHA G. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KADUTHURUTHI REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO. 4061 REPRESENTED BY ITS SECRETARY KADUTHURUTHY P.O, KOTTAYAM DISTRICT,, PIN - 686604 3 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANCE REGISTRAR (GENERAL), VAIKKOM P.O, KOTTAYAM DISTRICT, PIN - 686001 W.P.C No. 2395 of 2025 2 2025:KER:26412 4 SPECIAL SALE OFFICER KADUTHURUTHI REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO. 4061 OFFICE OF THE ASSISTANCE REGISTRAR (GENERAL), VAIKKOM P.O, KOTTAYAM DISTRICT, PIN - 686001 BY ADVS. T.R.HARIKUMAR ARJUN RAGHAVAN(K/1277/2012) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C No. 2395 of 2025 3 2025:KER:26412 JUDGMENT The petitioner is aggrieved by the recovery proceedings initiated against the petitioner at the instance of the respondents herein for realising the amount due from him towards the credit facilities availed by him. The limited relief sought by the petitioner is for an opportunity to regularise the loan account in easy monthly instalments. 2. The learned Standing Counsel for respondents upon instructions submitted that, in order to regularise the loan account, the petitioner has to pay a total amount of Rs.33,34,311/- which is the amount due as on 19.02.2024 3. Considering the fact that the petitioner is seeking only a limited relief to get an opportunity to settle the loan account in instalments, I am inclined to take a lenient view on the matter. Accordingly, this writ petition is disposed of, permitting the petitioner to settle the liability by paying the amount as referred to above along with future interest and other charges in 15 W.P.C No. 2395 of 2025 4 2025:KER:26412 monthly instalments. The first instalment shall become payable on 20.04.2025. The remaining instalments shall become due on the 20th day of succeeding months. In case the petitioner fails to remit any of the instalments as referred to above, this facility shall stand cancelled and in such an event, it shall be open for the respondents to recommence the recovery proceedings from the point it was stopped. Subject to the above, the recovery proceedings shall stand stayed. Sd/- ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 2395 of 2025 5 2025:KER:26412 APPENDIX OF WP(C) 2395/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE NOTICE DATED 15.11.2024 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE PETITION DATED 26.11.2024 ISSUED SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE OF SALE DATED 07. 12.2024 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE PETITION DATED 12.12.2024 SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.12.2024 SENT BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE REPLY DATED 19.12.2024 SENT BY THE 3RD RESPONDENT TO THE PETITIONER