2025:KER:27827 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 6818 OF 2025 PETITIONER: SABUMON M.B. AGED 56 YEARS S/O. M.R.VASU, MARAPPILLIL HOUSE, SOUTH MARADY P.O., MUVATTUIPUZHA, ERNAKULAM, PIN – 686 673. BY ADVS. K.C.SANTHOSHKUMAR K.K.CHANDRALEKHA K.S.SUDHA ANUPAMA JOHNY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN – 695 001. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) 5TH FLOOR, NEW BLOCK, CIVIL STATION, THRIKKAKARA, KAKKANAD, ERNAKULAM, PIN – 682 030. 3 THE SPECIAL SALE OFFICER, PAIPRA SERVICE CO-OPERATIVE BANK GROUP, MUVATTUPUZHA, ERNAKULAM, PIN – 686 661. 2025:KER:27827 WP(C) NO.6818 OF 2025 2 4 MARADY SERVICE CO-OPERATIVE BANK LTD.NO. E-57, SOUTH MARADY P.O., MUVATTUPUZHA, ERNAKULAM, REPRESENTED BY THE SECRETARY, PIN – 686 673. SRI. SAJEEV KUMAR K.GOPAL – SC SRI. V.K SUNIL – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27827 WP(C) NO.6818 OF 2025 3 JUDGMENT The petitioner along with his brother and wife had availed loans from the 4th respondent Society. They defaulted payment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the arbitration Awards, Ext.P1 sale notice was issued. The petitioner submitted Ext.P2 representation before the 2nd respondent to grant thirty equal monthly installments to clear off the dues. The petitioner has filed this writ petition for a direction to the 2nd respondent to consider and pass orders on Ext.P2, expeditiously. 2. This Court, by order dated 20.02.2025, stayed the confirmation of sale pursuant to 2025:KER:27827 WP(C) NO.6818 OF 2025 4 Ext.P1 for a period of one month. 3. Sri.Sajeev Kumar K.Gopal, the learned Standing Counsel for the Society, on instructions, submits that sale did not take place pursuant to Ext.P1. It is further submitted that as on 10.01.2025, an amount of Rs.1,00,32,086/- is outstanding in the loan accounts and the Society is willing to show indulgence to the petitioner provided he pays the said amount in reasonable installments. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in eighteen equal monthly installments. 5. In the facts and circumstances of the case, there will be a direction to the petitioner to 2025:KER:27827 WP(C) NO.6818 OF 2025 5 pay the outstanding amount of Rs.1,00,32,086/- in eighteen equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, 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 installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27827 WP(C) NO.6818 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 THE TRUE COPY OF THE AUCTION NOTICE DATED 10.01.2025 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE REQUEST DATED 10.02.2025 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT S EXHIBITS : NIL.