WP(C) NO. 6310 OF 2025 : 1 : 2025:KER:28118 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 6310 OF 2025 PETITIONER: THANKAMMA ITTOOP, AGED 64 YEARS W/O.ITTOOP.K.J KOORAN HOUSE, MEKKAD.P.O., CHERIYA VAPPALASSERY, ERNAKULAM, PIN - 683589 BY ADVS. LINDONS C.DAVIS E.U.DHANYA N.S.SHAMILA CHINJU P. JOYIES SANJANA S ANAND RESPONDENTS: 1 NEDUMBASSERY SERVICECO-OPERATIVE BANK LTD. NO.E207 REPRESENTED BY ITS SECRETARY, MEKKAD.P.O., NEDUMBASSERY, ERNAKULAM, PIN - 683589 2 ASSISTANT REGISTRAR (GENERAL), OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALUVA, PERIYAR NAGAR, ERNAKULAM, PIN - 683101 3 SPECIAL SALE OFFICER, CHENGAMANAD SCB GROUP, OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALUVA, PERIYAR NAGAR, ERNAKULAM, PIN - 683101 WP(C) NO. 6310 OF 2025 : 2 : 2025:KER:28118 BY ADVS. AJAY KRISHNAN S. SAISANKAR.S(K/002188/2021) PARVATHY KRISHNA(K/1086/2024) BY SR.GP SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6310 OF 2025 : 3 : 2025:KER:28118 JUDGMENT The petitioner, along with her husband and son, had availed three separate loans from the 1st respondent Society. On default of payment of installments, the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the awards, Exts.P1 to P3 notices were issued by the 3rd respondent. Challenging Exts.P1 to P3, the petitioner has filed this writ petition. The petitioner has also sought for direction to the Society to permit her to pay the dues in 24 equal monthly installments. 2. This Court, on 17.02.2025 ordered that if sale takes place pursuant to Exts.P1 to P3, its confirmation shall stand deferred for a period of WP(C) NO. 6310 OF 2025 : 4 : 2025:KER:28118 six weeks. 3. The learned Standing Counsel for the Society, on instructions, submits that, pursuant to Exts.P1 to P3, sale took place and the Society has bid the property in auction. It is also submitted that as on 24.03.2025, an amount of Rs.1,56,16,464/- is outstanding in the loan accounts and the petitioner can be permitted to pay the said amount in reasonable installments. 4. The learned counsel for the petitioner refers to Ext.P4 and submits that the 3rd respondent has put up a large Board stating that the secured property has been attached. It is contended that the said Board has been put up only to coerce the petitioner to pay the dues to the Society. WP(C) NO. 6310 OF 2025 : 5 : 2025:KER:28118 5. The learned counsel for the Society submits that the Society will remove the Board within a period of two days from today. This submission is recorded. 6. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 15 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 outstanding amount of Rs.1,56,16,464/- along with accrued interest and applicable charges in 15 equal monthly installments commencing from 15.05.2025. WP(C) NO. 6310 OF 2025 : 6 : 2025:KER:28118 (2) If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against her shall stand deferred. (4) The Society shall remove the Board put up in the attached property of the petitioner within a period of two days from today. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 6310 OF 2025 : 7 : 2025:KER:28118 APPENDIX PETITIONER EXHIBITS Exhibit P1 A COPY OF THE FORM 8 SALE PROCLAMATION NOTICE DATED 27.12.2024 ALONG WITH FORM-9 AUCTION NOTICE IN EP NO.834/2023 IN ARC NO.1567/2021 DATED 27.12.2024 Exhibit P2 A COPY OF THE FORM 8 SALE PROCLAMATION NOTICE DATED 27.12.2024 ALONG WITH FORM-9 AUCTION NOTICE IN EP NO.835/2023 IN ARC NO.1568/2021 DATED 27.12.2024 Exhibit P3 A COPY OF THE FORM 8 SALE PROCLAMATION NOTICE DATED 27.12.2024 ALONG WITH FORM-9 AUCTION NOTICE IN EP NO.836/2023 IN ARC NO.1569/2021 DATED 27.12.2024 Exhibit P4 A COPY OF THE PHOTOGRAPH OF BOARD PLACED BY THE BANK. Exhibit P5 A COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 03.03.2025.