2025:KER:29542 WP(C) NO. 8156 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 8156 OF 2025 PETITIONERS: 1 ABDUL KHADER AGED 56 YEARS S/O PAREETH, PUTHIYEDATH (H), MUDAVOOR PO, EMS NAGAR, MUVATTUPUZHA, VELLOORKUNNAM (PART), ERNAKULAM, PIN - 686669 2 MUHAMMED SHA PA AGED 33 YEARS S/O ABDUL KHADER, PUTHIYEDATH (H), MUDAVOOR PO, EMS NAGAR, MUVATTUPUZHA, VELLOORKUNNAM (PART), ERNAKULAM, PIN - 686669 BY ADVS. RAFEEK. V.K. SALIM M.M. NISHNA P.T. ABDULLA JAMAL LYDIA ELIZABETH KOVOOR MUHAMMED BILAL ANNLIYA FLEMIN RESPONDENTS: 1 THRIKKALATHOOR SERVICE CO-OPERATIVE BANK LTD REPRESENTED BY ITS SECRETARY, MAIN CENTRAL ROAD, THODUPUZHA, ERNAKULAM, PIN - 683541 2 THE SECRETARY THRIKKALATHOOR SERVICE CO-OPERATIVE BANK LTD., MAIN CENTRAL ROAD, THODUPUZHA, ERNAKULAM, PIN - 683541 2025:KER:29542 WP(C) NO. 8156 OF 2025 2 3 THE CHAIRMAN THRIKKALATHOOR SERVICE CO-OPERATIVE BANK LTD., MAIN CENTRAL ROAD, THODUPUZHA, ERNAKULAM, PIN - 683541 4 SALE OFFICER THRIKKALATHOOR SERVICE CO-OPERATIVE BANK LTD., MAIN CENTRAL ROAD, THODUPUZHA, ERNAKULAM, PIN - 683541 BY ADV SMT.I. SHEELA DEVI Sri. V.K.Sunil, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29542 WP(C) NO. 8156 OF 2025 3 JUDGMENT The petitioners had availed two loans from the 1st respondent Society. They defaulted payment of installments and the Society initiated arbitration proceedings. Pursuant to the arbitration award, Ext.P1 sale notice was issued. Challenging Ext.P1, this writ petition is filed. The petitioners have also sought for direction to permit them to clear of the liabilities in 24 monthly installments. 2. When the writ petition came up for consideration today, Smt.I.Sheela Devi, the learned counsel for the Society, submits that, as on 24.03.2025, an amount of Rs.71,20,922/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. Sri.Rafeek.V.K, the learned Counsel for the petitioner submits that the petitioner is willing to avail the benefit of One Time Settlement scheme as per Navakeraleeyam Kudishika Nivaranam Ottathavana Teerppakkal Padhathi,, 2025 and directions may be issued to the Society to consider the same in accordance with law. 4. The learned counsel for the Society submits that, if the petitioner makes necessary application for the 2025:KER:29542 WP(C) NO. 8156 OF 2025 4 benefit of One Time Settlement, the same will be considered in accordance with law. 5. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the petitioner to make appropriate application for the benefit of One Time Settlement scheme before the 1st respondent within 1 week from today. On receipt of such application, the competent authority of the 1st respondent Society shall consider the same in accordance with law and communicate the decision to the petitioner, on or before 25.04.2025. Inorder to enable the petitioner to file such application and for the Society to consider the same, all coercive proceedings initiated against the petitioner pursuant to Ext.P1 shall be kept in abeyance for a period of one month from today. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:29542 WP(C) NO. 8156 OF 2025 5 APPENDIX OF WP(C) 8156/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DATED 06-02-2025 Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 13.02.2025