2025:KER:28049 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. 7051 OF 2025 PETITIONER: PREMA T.K. AGED 56 YEARS W/O. SREEKUTTAN, PARAMBATHERIL HOUSE, THOTTATHINKADAVU, KALLURUTTY ,OMASSERY ,NEELESWARAM, KOZHIKODE KERALA, PIN – 673 603. BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR AFNA V.P. REMYA MURALI RESPONDENTS: 1 M/S. MUKKOM SERVICE COOPERATIVE BANK MUKKOM, KOZHIKODE DISTRICT, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN – 673 602. 2 THE SPECIAL SALE OFFICER MUKKOM SERVICE COOPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF THE COOPERATIVE SOCIETIES (GENERAL) CIVIL STATION,KOZHIKODE, PIN – 673 020. 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), WP(C) NO. 7051 OF 2025 : 2 : 2025:KER:28049 ERANHIPPALAM,CIVIL STATION ,KOZHIKODE, PIN – 672 030. BY ADVS. JAIBY PAUL ANITA GLENDA PHILIP(K/356/2001) SHEEJA C.S, SENIOR GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7051 OF 2025 : 3 : 2025:KER:28049 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P1 notice prior to attachment was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit her to pay the dues in 20 equal monthly instalments. 2. This Court, by order dated 20.02.2025, stayed further proceedings pursuant to Ext.P1 for a period of one month. Subsequently, the said order was extended till 02.04.2025. WP(C) NO. 7051 OF 2025 : 4 : 2025:KER:28049 3. When the writ petition came up for consideration today, the learned Counsel for the petitioner submitted that the petitioner intends to move the 1st respondent for the benefit of One Time Settlement (for short, ‘OTS’) as per the Navakeraleeyam Kudishika Nirmarjana Padhathi ‘2025’ (Circular No.1 of 2025) or in the alternative for instalment facilities. 4. The learned Counsel for the Society submits that if the petitioner files appropriate application, the Society will consider the same in accordance with law. However, taking note of the fact that the petitioner is a chronic defaulter and that the Society is facing financial doldrums, the petitioner shall pay a substantial portion of the loan amount for consideration of such application. 5. In the facts and circumstances of the case, this WP(C) NO. 7051 OF 2025 : 5 : 2025:KER:28049 writ petition is disposed of with the following directions:- (a) The petitioner shall deposit an amount of Rs.1.5 Lakhs with the 1st respondent on or before 11.04.2025. (b) On remittance of the said amount, the petitioner shall make the necessary application before the 1st respondent for the benefit of OTS as per the Navakeraleeyam Kudishika Nirmarjana Padhathi ‘2025’ (Circular No.1 of 2025) or in the alternative, for instalment facilities within one week therefrom. (c) The competent authority of the 1st respondent shall consider such application in accordance with law, as expeditiously as possible, at any rate, within a period of one week from the WP(C) NO. 7051 OF 2025 : 6 : 2025:KER:28049 date of receipt of such application and communicate the decision to the petitioner. (d) In order to enable the petitioner to submit such application and for the Society to consider the application, all coercive proceedings against the petitioner shall stand deferred for a period of one month. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 7051 OF 2025 : 7 : 2025:KER:28049 APPENDIX OF WP(C) 7051/2025 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ATTACHMENT NOTICE NO.1550/24 DATED 23.12.2024 ISSUED BY THE 1ST RESPONDENT BANK.