2025:KER:25562 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. 6334 OF 2025 PETITIONERS: 1 P.M. SUNNY AGED 65 YEARS S/O. P.C. MATHEW,PANAVELIKUNNEL, AMAYANOOR P.O., KOTTAYAM, PIN – 686 019. 2 LEEBA SUNNY AGED 60 YEARS W/O. P.M. SUNNY, PANAVELIKUNNEL, AMAYANOOR .P.O, KOTTAYAM, PIN – 686 019. BY ADV PRASAD CHANDRAN RESPONDENTS: 1 THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR, (GENERAL) CO-OPERATIVE SOCIETIES KOTTAYAM, PIN – 686 002. 2 THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES KOTTAYAM, PIN – 686 001. 3 THE VIJAYAPURAM SERVICE CO-OPERATIVE BANK LTD NO. 4066, REPRESENTED BY ITS SECRETARY, MANARCAD P.O. KOTTAYAM, PIN – 686 501. 4 THE A AND E INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL) KOTTAYAM, PIN – 686 501. 2025:KER:25562 WP(C) NO.6334 OF 2025 2 BY ADVS. SIBY CHENAPPADY ANU GEORGE AIBEL MATHEW SIBY ELANA ROSE SIBY 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:25562 WP(C) NO.6334 OF 2025 3 JUDGMENT The loans availed by the petitioners who are husband and wife, from the 3rd respondent Society fell in arrears and the Society initiated arbitration proceedings against them. Exts.P4 and P5 are the notices respectively issued to the petitioners informing that if the dues are not cleared, the property will be measured and demarcated for the purpose of auction. Challenging Exts.P4 and P5, the petitioners have filed this writ petition. The petitioners have also sought for a direction to the respondents to permit them to pay the defaulted amount in installments. 2. The learned counsel for the Society, on instructions, submitted that, a total amount of 2025:KER:25562 WP(C) NO.6334 OF 2025 4 Rs.49,71,508/- is outstanding in the loan accounts of the petitioners and the petitioners can be permitted to pay the said amount in reasonable installments. 3. Sri.Prasad Chandran, the learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in twenty equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.49,71,508/- in twenty equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. If the petitioners default payment of any of the 2025:KER:25562 WP(C) NO.6334 OF 2025 5 installments, it will be open to the Society to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in installments as above, all coercive proceedings against them pursuant to Exts.P4 and P5 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25562 WP(C) NO.6334 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER DATED 22.11.2024. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER DATED 22.11.2024. EXHIBIT P3 A TRUE COPY OF THE RECEIPT OF PAYMENT DATED 06.12.2024. EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 06.02.2025 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE NOTICE DATED 06.02.2025 ISSUED BY THE 2ND RESPONDENT. RESPONDENT EXHIBITS:-