WP(C) NO.6936 OF 2025 1 2025:KER:28113 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.6936 OF 2025 PETITIONER: SHANMUGHAN C.S., AGED 66 YEARS S/O SUBRAN, CHOOLACKAL HOUSE, MANAKKAPADY P.O., KARUMALLOOR, ERNAKULAM, PIN - 683511 BY ADVS.P.T.JOSE K.G.GOPAKUMAR ALTHAF P.A. NITHIN ANTONY JOSE VINEETH P.BABY RESPONDENTS: 1 THE SPECIAL SALE OFFICER CHENDAMANGALAM SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE (GENERAL), N.PARAVUR P.O, ERNAKULAM DISTRICT, PIN - 683513 2 THE KARUMALLOOR SERVICE CO-OPERATIVE BANK. NO. 737 REPRESENTED BY ITS SECRETARY, KARUMALLOR P.O, ERNAKULAM DISTRICT, PIN - 683511 BY ADV SREEVALSAKRISHNAN P K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.6936 OF 2025 2 2025:KER:28113 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to Ext.P1 award, Ext.P2 demand notice was issued to the petitioner. The petitioner has filed this writ petition for a direction to the 2nd respondent to permit him to pay the overdue amount installments. 2. The learned Counsel for the Society, on instructions, submits that, as on 13.03.2025, an amount of Rs.5,10,729/- is overdue in the loan account of the petitioner and that he can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner WP(C) NO.6936 OF 2025 3 2025:KER:28113 submits that the petitioner may be permitted to pay the overdue amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.5,10,729/- in 15 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. 5. If the petitioner defaults payment of any of the installments, it will be open to the respondents 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.P2 shall stand WP(C) NO.6936 OF 2025 4 2025:KER:28113 deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/02/04/2025 WP(C) NO.6936 OF 2025 5 2025:KER:28113 APPENDIX OF WP(C) 6936/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF AWARD DATED 06 10 2023 Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 09 01 2025 Exhibit P3 A TRUE COPY OF THE SCHEDULE OF THE PROPERTY WHICH WAS PLEDGED