2025:KER:25166 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 3947 OF 2025 PETITIONER: PUSHPAVALLY AGED 49 YEARS W/O. ANIL KUMAR, CHETTIYARETH HOUSE, VALLIKUNNAM, PUTHENCHANTHA P.O., ALAPPUZHA, PIN – 690 501. BY ADV M.R.SASITH RESPONDENTS: 1 THE SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL), MINI CIVIL STATION, 2ND FLOOR, MAVELIKKARA P.O, ALAPPUZHA, PIN – 690 101. 2 THE MAVELIKKARA PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD., A.836 REPRESENTED BY ITS SECRETARY, NEAR HEAD POST OFFICE, MAVELIKARA P.O, ALAPPUZHA, PIN – 690 101. 3 THE SECRETARY MAVELIKARA PRIMARY CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK.LTD., A836, NEAR HEAD POST OFFICE, MAVELIKARA P.O, ALAPPUZHA, PIN – 690 101. SRI. VINCENT JOSEPH - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25166 WP(C) NO.3947 OF 2025 2 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears on account of default in payment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the arbitration Award, Ext.P1 sale notice was issued to the petitioner. The petitioner has filed this writ petition for a direction to the 2nd respondent to grant twenty four equal monthly installments for payment of the dues. 2. The learned counsel for the Society submits that, as on 22.03.2025, an amount of Rs.3,97,881/- is overdue in the loan account of 2025:KER:25166 WP(C) NO.3947 OF 2025 3 the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in ten equal monthly installments 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.3,97,881/- in ten equal monthly installments commencing from 15.04.2025 along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the installments, it will be open to the Society 2025:KER:25166 WP(C) NO.3947 OF 2025 4 to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against her pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25166 WP(C) NO.3947 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 THE TRUE COPY OF THE SALE NOTICE DATED 13.01.2025 ISSUED BY THE 1ST RESPONDENT. RESPONDENT S EXHIBITS: - NIL.