2025:KER:25563 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 5764 OF 2025 PETITIONER: SATHIANATHAN, AGED 54 YEARS S/O. VISWANATHAN, THEKKEYIL HOUSE, PANIKKASSERY, PANTHEERANKAVU AMSOM, KAILAMADAM DESOM, P.O. PATHEENRANKAVU, KOZHIKODE, PIN – 673 019. BY ADV P.C.MUHAMMED NOUSHIQ RESPONDENTS: 1 PANTHEERANKAVU SERVICE CO-OPERATIVE BANK LTD. NO. 2110 PANTHEERANKAVU AMSOM DESOM, PANTHEERANKAVU POST, KOZHIKODE REPRESENTED BY SECRETARY, PANTHEERANKAVU SERVICE CO-OPERATIVE BANK LTD. NO.2110, PIN – 673 019. 2 ARBITRATOR/SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOZHIKODE, PIN – 673 004. 3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF ASSISTANT REGISTRAR, KOZHIKODE, PIN – 673 004. 2025:KER:25563 WP(C) NO.5764 OF 2025 2 4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. BY ADVS. R.SUDHISH TENISON THOMAS M.MANJU SRI. V.K SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25563 WP(C) NO.5764 OF 2025 3 JUDGMENT The loan availed by the petitioner from the 1st 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. Ext.P1 is the Award. Pursuant to the Award, execution proceedings have been initiated by the Society vide Ext.P2. The petitioner has filed this writ petition seeking to set aside Ext.P1 Award and permit him to pay the outstanding amount in fifty monthly installments. 2. Sri.R.Sudhish, the learned counsel for the Society submits that the writ petition is not maintainable and the petitioner has to prefer an 2025:KER:25563 WP(C) NO.5764 OF 2025 4 original petition under Article 227 of the Constitution of India. However, it is submitted that, the Society is willing to show indulgence to the petitioner by permitting him to pay the outstanding amount in reasonable installments. It is further submitted that, as on 25.03.2025, an amount of Rs.1,12,15,988/- is outstanding in the loan account of the petitioner. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in eighteen equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.1,12,15,988/- in eighteen equal monthly installments 2025:KER:25563 WP(C) NO.5764 OF 2025 5 commencing from 02.05.2025 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 him 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 him pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25563 WP(C) NO.5764 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT IN ARC 222/18 DATED 31.01.2018. EXHIBIT P2 TRUE COPY OF THE EXECUTION PETITION DATED 23.02.2023 IN E.P. NO. 88 OF 2023 ON THE FILES OF SUB COURT 1A, KOZHIKODE. EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE KERALA STATE CO-OPERATIVE REGISTRAR DATED 02.01.2025. RESPONDENT S EXHIBITS : NIL.