2025:KER:30683 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 3554 OF 2025 PETITIONER: GEETHA VASUDEVAN AGED 60 YEARS W/O. LATE VASUDEVAN, KUNCHIRAKKATTU ILLOM, POOVAKKULAM KARA, VELIYANNOOR VILLAGE, MEANACHIL TALUK, KOTTAYAM DISTRICT, PIN – 686 662. BY ADV SURESH V.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD (P O), THIRUVANANTHAPURAM, PIN – 695 014. 3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEANACHIL, PALA, KOTTAYAM, PIN – 686 575. 4 THE SPECIAL SALE OFFICER/INSPECTOR OF COOPERATIVE SOCIETIES KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK, PALA, KOTTAYAM, PIN – 686 575. 2025:KER:30683 WP(C) NO.3554 OF 2025 2 5 THE KIZHATHADIYOOR SERVICE CO-OPERATIVE BANK LTD. NUMBER 1995 PALA, KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN – 686 575. SRI. P.C SASIDHARAN - SC SRI. V.K SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30683 WP(C) NO.3554 OF 2025 3 JUDGMENT The loan availed by the petitioner from the 5th respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Award, Ext.P1 demand notice was issued to the petitioner. Ext.P2 is the sale notice. The petitioner filed Ext.P3 application for the benefit of One Time Settlement. The petitioner has filed this writ petition for a direction to the Society to extend the benefit of One Time Settlement as per Circular No.1 of 2025. The petitioner has also sought for a direction to the 5th respondent to consider and dispose of Ext.P3 application for One Time Settlement. 2. This Court on 02.04.2025 recorded the 2025:KER:30683 WP(C) NO.3554 OF 2025 4 submission of the learned counsel for the Society that the Society is willing to provide the petitioner the benefit of One Time Settlement as per the terms of the Circular. The further submission that, the Society is also willing to permit the petitioner to pay the outstanding amount in reasonable installments, in case the petitioner is not in a position to avail the benefit of OTS was also recorded. 3. When the writ petition came up for consideration today, the learned counsel for the Society reiterated their stand that, they are willing to consider the application of the petitioner for OTS and in case the petitioner is not in a position to avail the benefit of OTS, they are willing to permit the petitioner to pay the outstanding amount in reasonable installments. 2025:KER:30683 WP(C) NO.3554 OF 2025 5 It is further submitted that, as on 02.04.2025, an amount of Rs.51,87,999/- is outstanding in the loan account of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in twenty equal monthly installments. 5. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.51,87,999/- in twenty equal monthly installments commencing from 15.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. 2025:KER:30683 WP(C) NO.3554 OF 2025 6 To enable the petitioner to repay the amount in installments as above, all coercive proceedings against her pursuant to Ext.P2 shall stand deferred. 6. It will also be open to the petitioner to approach the Society with request for One Time Settlement under Circular No.1 of 2025. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:30683 WP(C) NO.3554 OF 2025 7 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE EA DEMAND NOTICE DATED 04- 11 -2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF SALE NOTICE DATED 15/01/2025 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OFF THE APPLICATION DATED 22-01- 2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT FOR THE BENEFITS UNDER THE ONE-TIME SETTLEMENT SCHEME. RESPONDENT S EXHIBITS: NIL.