WP(C) NO. 5308 OF 2025 : 1 : 2025:KER:29375 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 5308 OF 2025 PETITIONER: HARRIS K.V, AGED 56 YEARS S/O. ABDUL KHADER, KILACHA VALAPPIL HOUSE, KADARIKODE, VARAM, KANNUR, PIN - 670594 BY ADVS. K.M.FIROZ V.MURALEE KRISHNAN M.SHAJNA RESPONDENTS: 1 VALIYANNUR SERVICE CO-OPERATIVE BANK LTD NO.C.417 HO VARAM, VALIYANNUR, KANNUR DISTRICTM, REPRESENTED BY ITS SECRETARY, PIN - 670594 2 ARBITRATOR/ SPECIAL SALE OFFICER KANNUR CO-OPERATIVE URBAN BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO- OPERATIVE SOCIETIES, KANNUR - 670002 3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF ASSISTANT REGISTRAR, KANNUR, PIN - 670002 4 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 WP(C) NO. 5308 OF 2025 : 2 : 2025:KER:29375 BY ADV DEEPAK RAJ SRI.V.K.SUNIL, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 5308 OF 2025 : 3 : 2025:KER:29375 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the award, Ext.P1 sale notice was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. He has also sought for direction to the 1st respondent to permit him to clear off the entire overdue amount in reasonable monthly installments. 2. The learned counsel for the 1st respondent submits that, as on 04.04.2025, an amount of Rs.25,53,006/- is overdue in the loan account of the petitioner and the petitioner can be permitted to WP(C) NO. 5308 OF 2025 : 4 : 2025:KER:29375 clear off the overdue amount in reasonable installments along with regular EMIs. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in 22 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the overdue amount of Rs.25,53,006/- with accrued interest and applicable charges in 22 equal monthly installments commencing from 05.05.2025. (2) The petitioner shall also pay the regular EMIs along with the installments. WP(C) NO. 5308 OF 2025 : 5 : 2025:KER:29375 (3) If the petitioner defaults payment of any of the installments, it will be open to the respondent to proceed against him for the recovery of amount, in accordance with law. (4) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 5308 OF 2025 : 6 : 2025:KER:29375 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE IN FORM NO.8 DATED 6.1.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P2 . A TRUE COPY OF THE ORDER OF THE KERALA STATE CO-OPERATIVE REGISTRAR DATED 2.1.2025