WP(C) No.5995 of 2025 1 2025:KER:26454 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO.5995 OF 2025 PETITIONERS: MAHEENDRAN MAMBALLY, AGED 56 YEARS S/O CHANDRAN, MAHEENDRALAYAM, AADOOR, KADACHIRA P.O, KANNUR,, PIN - 689109 BY ADVS. MOHAMMED RAZALI K.A GANESH CHANDRAN S. RESHMI U.N. V.M.FAHMITA RESPONDENTS: 1 CHOVVA CO-OPERATIVE RURAL BANK GROUP REPRESENTED BY ITS BRANCH MANAGER, MELECHOWA SOUTH, KANNUR, PIN - 670005 2 SPECIAL SALES OFFICER, CHOVVA CO-OPERATIVE RURAL BANK GROUP, MELECHOWA SOUTH, KANNUR, PIN - 670005 BY ADVS. BINDUMOL JOSEPH C.P.GOPIKA(K/003759/2024) GREESHMA K.(K/1192/2025) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.5995 of 2025 2 2025:KER:26454 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the arbitration award, Ext.P1 sale notice was issued to the petitioner. Later, the 2nd respondent issued Ext.P2 notice informing the petitioner that the sale was conducted on 15.01.2025 and the Society has bid the mortgaged property in auction. However, the sale is not confirmed. The petitioner challenges Ext.P2 in this writ petition. This Court, by order dated 13.02.2025, stayed confirmation of sale pursuant to Ext.P2. 2. When the matter is taken up for consideration today, Smt.Bindumol Joseph, learned Counsel for the Society, submits that WP(C) No.5995 of 2025 3 2025:KER:26454 the sale has been conducted after excluding the residential building of the petitioner. It is further submitted that, as on 15.01.2025, an amount of Rs.28,35,525/- is outstanding in the loan account of the petitioner and that the Society is willing to show indulgence to the petitioner provided he pays a substantial portion of the outstanding amount within a week’s time and the balance amount, in reasonable installments. 3. The learned Counsel for the petitioner submits that the petitioner will remit an amount of Rupees Ten Lakhs within one week from today and the balance amount, in 12 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the WP(C) No.5995 of 2025 4 2025:KER:26454 petitioner to pay an amount of Rupees Ten Lakhs within a period of one week from today. The petitioner shall remit the balance outstanding amount of Rs.28,35,525/- in 12 equal monthly installments commencing from 10.05.2025, along with accrued interest and applicable charges. 5. If the petitioner defaults payment of any of the installments/amounts as aforesaid, it will be open to the respondents to proceed against him, in accordance with law. To enable the petitioner to repay the amount as above, all coercive proceedings against him pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/27/03/2025 WP(C) No.5995 of 2025 5 2025:KER:26454 APPENDIX OF WP(C) 5995/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 23.11.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE SALE NOTICE DATED 15.01.2025 ISSUED BY THE 2ND RESPONDENT