2025:KER:27259 WP(C) No.6592 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 6592 OF 2025 PETITIONER: T.N WILSON AGED 64 YEARS S/O NARAYANAN, THEKKEPARAMBIL HOUSE, EZHACHERRY KARA, VELLILAPALLY VILLAGE, MEENACHIL TALUK, EZHACHERRY P.O, KOTTAYAM, PIN - 686651 BY ADVS. C.DHEERAJ RAJAN ANAND KALYANAKRISHNAN LIBIN VARGHESE RESPONDENT: EZHACHERRY SERVICE CO-OPERATIVE BANK LTD. NO 1548 EZHACHERRY P.O, KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 686651 BY ADV Dinny Thomas THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27259 WP(C) No.6592 of 2025 2 JUDGMENT The petitioner availed a loan from the respondent Society in the year 2015. The petitioner defaulted payment and the Society initiated arbitration proceedings. Ext.P1 is the Award. Pursuant to the Award, execution proceedings were initiated and the Munsiff Court, Pala, by Ext.P3, confirmed the sale. Pursuant thereto, sale certificate was issued in the name of the respondent Society. The petitioner states that possession is yet to be taken over by the Society. 2. When the writ petition came up for consideration today, the learned counsel for the Society, on instructions, submits that as on today (28.03.2025), an amount of Rs.12,81,499/- is outstanding in the loan account of the petitioner and indulgence can be shown to him provided he pays the outstanding amount in lumpsum within one month from today. The learned counsel for the petitioner agrees to the said suggestion of the learned counsel for the respondent. 3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a 2025:KER:27259 WP(C) No.6592 of 2025 3 direction to the petitioner to pay the outstanding amount of Rs.12,81,499/- along with accrued interest, in lumpsum on or before 30.04.2025. If the amounts are paid as aforesaid, steps shall be taken by the Society to reconvey the property. If there are any expenses for the purpose of reconveyance, the petitioner shall bear the said expenses. In case the petitioner defaults payment of the amount as aforesaid, it will be open to the Society to proceed with the execution proceedings. In order to enable the petitioner to pay the amount as aforesaid, there shall not be any coercive proceedings in the meantime including taking of possession of the property. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27259 WP(C) No.6592 of 2025 4 APPENDIX OF WP(C) 6592/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AWARD 26.07.2018 IN ARC NO. 883/2018 Exhibit P2 A TRUE COPY OF THE EXECUTION PETITION NUMBERED AS EP NO. 38/2022 ON THE FILES OF HON’BLE MUNSIFF COURT, PALA DATED 31.01.2022 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 18/11/2023 IN EXECUTION PETITION 38/2022