2025:KER:27276 WP(C) No.3436 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 3436 OF 2025 PETITIONER: PRABITHA SIVAN AGED 42 YEARS W/O SIVAN, AGED 42 YEARS, KALARIKKAL HOUSE, VARADIYAM, AVANOOR P O, THRISSUR DT., PIN - 680547 BY ADVS. SHOBY K.FRANCIS AGI SHOBY ANCY ANDREWS TINU WILSON RESPONDENTS: 1 VARADIYAM SERVICE CO- OPERATIVE BANK LTD. NO. -575 HEAD OFFICE, VARADIYAM, PO AVANOOR, THRISSUR, REPRESENTED BY ITS SECRETARY/MANAGER., PIN - 680547 2 THE SECRETARY/ MANAGER VARADIYAM SERVICE CO- OPERATIVE BANK LTD. NO.575, HEAD OFFICE, VARADIYAM, P O AVANOOR, THRISSUR., PIN - 680547 3 SPECIAL SALE OFFICER MANALOOR S C B GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO- OPERATIVE SOCIETIES, AYYANTHOLE PO, THRISSUR., PIN - 680003 BY ADV C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27276 WP(C) No.3436 of 2025 2 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the arbitration award, Ext.P2 notice prior to attachment was issued to the petitioner. Challenging Ext.P2, this writ petition is filed. The petitioner has also sought for a direction to the Society to permit her to pay the dues in 30 monthly instalments. 2. The learned counsel for the Society, on instructions, submits that an amount of Rs.3,73,773/- is outstanding in the loan account of the petitioner as on 15.03.2025 and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount in 18 equal monthly instalments commencing from 2025:KER:27276 WP(C) No.3436 of 2025 3 25.04.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27276 WP(C) No.3436 of 2025 4 APPENDIX OF WP(C) 3436/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK DATED 10-3-2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P-2 A TRUE COPY OF THE AUCTION SALE NOTICE DATED 16-1-2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER