2025:KER:29579 WP(C) No.7949 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4 TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 7949 OF 2025 PETITIONERS: 1 NASEER M.M. AGED 53 YEARS S/O. MUHAMMED, MANIYATHARA HOUSE, THETTALY, CHOWARA P.O., ERNAKULAM, PIN - 683571 2 JAMEELA NASEER AGED 50 YEARS W/O. NASEER M.M., MANIYANTHARA HOUSE, THETTALY, CHOWARA P.O., ERNAKULAM, PIN - 683571 BY ADVS. P.K.IBRAHIM K.P.AMBIKA ZEENATH P.K. JABEENA K.M. ANAZ BIN IBRAHIM PRADEEP KUMAR A. RESPONDENTS: 1 THE SPECIAL SALES OFFICER KEEZMADU SCB GROUP, OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALUVA, PIN - 683101. 2 SREEMOOLANAGARAM SERVICE CO-OPERATIVE BANK LTD. NO.4178 SREEMOOLANAGARAM, ERNAKULAM DISTRICT, PIN - 683580. 2025:KER:29579 WP(C) No.7949 of 2025 2 BY ADVS. M.M.MONAYE, SC. M.PAUL VARGHESE(K/151/1990) K.V.SANOSH(K/144/2012) MABLE C. KURIAN, SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29579 WP(C) No.7949 of 2025 3 JUDGMENT The loan availed by the petitioners from the 2 nd respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Arbitration Award, execution proceedings were initiated. Exts.P2 and P2(a) are the notices issued to the petitioners prior to attachment. The petitioners have filed this writ petition challenging the recovery proceedings. The petitioners have also sought for a period of four months to enable them to settle the loan account. 2. The learned Standing Counsel for the Society submits that as on 02.04.2025, an amount of Rs.18,36,264/- is outstanding in the loan account of the petitioners and the petitioners can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 16 equal monthly instalments. 2025:KER:29579 WP(C) No.7949 of 2025 4 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.18,36,264/- in 16 equal monthly instalments commencing from 05.05.2025, along with accrued interest and applicable charges. If the petitioners default payment of any of the instalments, it will be open to the Society to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in instalments as above, all coercive proceedings against them pursuant to Exts.P2 and P2(a) shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29579 WP(C) No.7949 of 2025 5 APPENDIX OF WP(C) 7949/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ULTRA SOUND SCAN REPORT OF ABDOMEN OF THE 1ST PETITIONER Exhibit-P2 TRUE COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER (M NO.967) DATED 04-02-2025 BY THE 1ST RESPONDENT Exhibit-P2(a) TRUE COPY OF THE NOTICE ISSUED TO THE 2ND PETITIONER (M NO.1663) DATED 04-02-2025 BY THE 1ST RESPONDENT Exhibit-P3 TRUE COPY OF THE LETTER NO.245/19.02.2025 OF THE 2ND RESPONDENT IN THE ADALAT TO THE 1ST PETITIONER Exhibit-P3(a) TRUE COPY OF THE LETTER NO.245/19.02.2025 OF THE 2ND RESPONDENT IN THE ADALAT TO THE 2ND PETITIONER