2025:KER:30818 WP(C) No.2930 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8 TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 2930 OF 2025 PETITIONER: ALEX N. AGED 48 YEARS S/O. NESAMONY KALLUVILA VEEDU, VALLAMKODU, KALLIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695042 BY ADV CHANDRADAS C.V. RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014 2 THE SECRETARY, KALLIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. 1243, KALLIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695042 3 THE ARBITRATOR/SALE OFFICER, KALLIYOOR SERVICE CO-OPERATIVE BANK LTD. NO. 1243, KALLIYOOR P.O., THIRUVANANTHAPURAM, PIN - 695042 BY ADVS. JIBU P THOMAS, SC. DEVIKA VISWOM(K/724/2023) SNEHA SABU(K/003313/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30818 WP(C) No.2930 of 2025 2 JUDGMENT The loan availed by the petitioner from the Kalliyoor Service Co-operative Bank Ltd. fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P4 is the sale proclamation. Challenging Ext.P4, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Society to permit him to pay the amount due in instalments. 2. Sri.Jibu P.Thomas, the learned Standing Counsel for the Society submits that as on today, an amount of Rs.3,00,561/-is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. Sri.Chandradas C.V, the learned counsel for the petitioner submits that the petitioner is in financial constraints and he may be permitted to pay the outstanding amount in 20 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 2025:KER:30818 WP(C) No.2930 of 2025 3 of Rs.3,00,561/- in 20 equal monthly instalments commencing from 15.05.2025, 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 him 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 him pursuant to Ext.P4 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:30818 WP(C) No.2930 of 2025 4 APPENDIX OF WP(C) 2930/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TREATMENT RECORDS OF SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCES DATED 14.05.2019 Exhibit P2 TRUE COPY OF NOTICE DATED 10.12.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE RECEIPT DATED 26.12.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE NEWS PAPER CUTTING OF DESABHIMANI DAILY DATED 13.01.2025 OF THE SALE PROCLAMATION