2025:KER:25124 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 6817 OF 2025 PETITIONER: YESUDASAN AGED 53 YEARS S/O KUTTAPPAN, VALIYAVILA VEEDU, NEDINJAN, KALLIYOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, PIN – 695 042. BY ADV LATHEESH SEBASTIAN RESPONDENTS: 1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR, JAGATHY, THIRUVANANTHAPURAM, PIN – 695 014. 2 KALLIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.1243, KALLIYOOR P.O., THIRUVANANTHAPURAM ,REPRESENTED BY ITS SECRETARY, PIN – 695 042. 3 THE ARBITRATOR-CUM-SPECIAL SALE OFFICER KALLIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.1243, KALLIYOOR P.O., THIRUVANANTHAPURAM, PIN – 695 042. BY ADVS. JIBU P THOMAS DEVIKA VISWOM(K/724/2023) SNEHA SABU(K/003313/2024) MABLE C. KURIAN, SENIOR GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6817 OF 2025 : 2 : 2025:KER:25124 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears on account of default in payment of instalments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P2 auction notice was issued to the petitioner. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to pay the dues in instalments. 2. When the writ petition is taken up for consideration, Adv. Jibu, the learned Counsel for the Society, submits that, as on today (24.03.2025), an amount of Rs.8,34,124/- is outstanding in the loan account of the WP(C) NO.6817 OF 2025 : 3 : 2025:KER:25124 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 18 equal monthly installments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.8,34,124/- (Rupees Eight lakhs thirty four thousand one hundred and twenty four only) along with accrued interest and applicable charges in 18 equal monthly instalments commencing from 15.04.2025. b) If the petitioner defaults payment of any of the instalments, it will be open to the Society WP(C) NO.6817 OF 2025 : 4 : 2025:KER:25124 to proceed against him in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.6817 OF 2025 : 5 : 2025:KER:25124 APPENDIX OF WP(C) 6817/2025 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN ARBITRATION CLAIM FILED BY THE 2ND RESPONDENT DATED 14.01.2022. EXHIBIT P2 TRUE COPY OF THE AUCTION NOTICE OF THE 3RD RESPONDENT DATED 06.12.2024.