2025:KER:27217 WP(C) No.5701 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27 TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 5701 OF 2025 PETITIONER: JOHNSON AGED 65 YEARS S/O MANGUNNEL MATHAI, MANGUNNEL HOUSE, PEECHI POST, THRISSUR DISTRICT., PIN - 680653 BY ADV P.K.RAVISANKAR RESPONDENTS: 1 PEECHI SERVICE COOPERATIVE BANK LIMITED R 935 REPRESENTED BY ITS SECRETARY, PATTIKKAD POST, THRISSUR DISTRICT, PIN - 680652 2 ARBITRATOR OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR, THRISSUR DISTRICT, PIN - 680003 3 SPECIAL SALE OFFICER CHAZHOOR SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR, THRISSUR DISTRICT, PIN - 680003 BY ADVS. Nisha George ANSHIN K.K(K/1249/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27217 WP(C) No.5701 of 2025 2 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Arbitration Award and the order passed by the Co-operative Tribunal in appeal, the Society initiated recovery proceedings. Ext.P7 is the intimation issued to the petitioner by the Society asking him to clear off the dues within ten days. Challenging Ext.P7, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the 1 st respondent to grant instalment facility to him to remit the dues. 2. The learned counsel for the Bank, on instructions, submits that an amount of Rs.15,67,644/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly instalments. 2025:KER:27217 WP(C) No.5701 of 2025 3 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount in 20 equal monthly instalments commencing from 02.05.2025, 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.P7 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27217 WP(C) No.5701 of 2025 4 APPENDIX OF WP(C) 5701/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 19-7-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 28-2-2024 IN WP (C) NO. 7930 OF 2024 OF THIS HONOURABLE COURT Exhibit P3 TRUE COPY OF THE AWARD DATED 26-8-2021 IN A.R.C. NO. 1354/2021 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 22-5-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE RECEIPT DATED 30-12-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER DATED 30-7-2024 IN APPEAL NO. 96 OF 2024 OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P7 TRUE COPY OF THE LETTER DATED 6-2-2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER