W.P(C) No.7394 of 2025 1 2025:KER:25758 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO.7394 OF 2025 PETITIONER: SONY P.SAM, AGED 42 YEARS S/O.P.SAMUEL, KURINETHU PUTHEN VEEDU, KOLLAKADAVU P.O., ALAPPUZHA DISTRICT, PIN - 690590 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V. THOMAS THOMAS RESPONDENTS: 1 CHERIYANAD SERVICE CO-OPERATIVE BANK LTD.NO.99, CHERIYANAD (P.O), ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 689511 2 THE SECRETARY CHERIYANAD SERVICE CO-OPERATIVE BANK LTD.NO.99, CHERIYANAD (P.O), ALAPPUZHA DISTRICT, PIN - 689511 W.P(C) No.7394 of 2025 2 2025:KER:25758 3 THE ARBITRATION & EXECUTION INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121 BY ADV T.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) No.7394 of 2025 3 2025:KER:25758 JUDGMENT The petitioner had availed a loan from the 1st respondent Society. On default of payment of installments, 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. 2. When the writ petition is taken up for consideration today, the learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in installments. 3. Sri.T.P.Pradeep, learned Counsel for the Society submits that an amount of Rs.7,89,071/- is outstanding in the loan account W.P(C) No.7394 of 2025 4 2025:KER:25758 of the petitioner and the petitioner can be permitted to pay 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 15 equal monthly installments. 5. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.7,89,071/- in 15 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. 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 W.P(C) No.7394 of 2025 5 2025:KER:25758 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 sp/25/03/2025 W.P(C) No.7394 of 2025 6 2025:KER:25758 APPENDIX OF WP(C) 7394/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF FORM-6 NOTICE IN E.P.NO.2/2024 DATED 1.8.2024