2025:KER:27364 WP(C) No.8083 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28 TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 8083 OF 2025 PETITIONER: SUNEER BABU.A.P AGED 40 YEARS S/O. ABDUL RAHIMAN SUNEERBABU MANZIL, THAIPPATTUPARAMBIL NALLALAM.P.O.,KOZHIKODE DISTRICT, PIN - 673027 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR AFNA V.P. REMYA MURALI RESPONDENTS: 1 THE CALICUT TOWN SERVICE COOPERATIVE BANK LTD.NO.D 2665 TOWN BANK TOWER, A.G.ROAD, CALICUT REPRESENTED BY ITS SECRETARY, PIN - 673001 2 THE SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR [GENERAL] TOWN SCB GROUP, SAHAKARANA BHAVAN, PUTHIYARA KOZHIKODE DISTRICT, PIN - 673004 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CIVIL STATION ,KOZHIKODE DISTRICT, PIN - 673020 BY ADV SANIL CHANDRAN K.V. MABLE C.KURIAN, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27364 WP(C) No.8083 of 2025 2 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Award, Ext.P2 notice prior to attachment was issued to the petitioner. Ext.P3 is the notice informing the petitioner that if the dues are not cleared, the mortgaged property of the petitioner would be measured and demarcated for the purpose of auction. This writ petition is filed challenging Ext.P3 and for a direction to the Society to permit the petitioner to clear off the amount due in 20 monthly instalments. 2. Sri.Sanil Chandran, the learned Standing Counsel for the Society submits, on instructions, that as on today Rs.23,20,096/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly instalments. 2025:KER:27364 WP(C) No.8083 of 2025 3 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.23,20,096/- in 18 equal monthly instalments commencing from 02.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27364 WP(C) No.8083 of 2025 4 APPENDIX OF WP(C) 8083/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE DATED 29.11.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING RENEWAL OF LOAN Exhibit P2 A TRUE COPY OF THE NOTICE DATED 21.11.2024 ISSUED BY THE 2ND RESPONDENT IN E.PNO.1208/2024 PROPOSING TO ATTACH THE PROPERTY OF THE PETITIONER Exhibit P3 . A TRUE COPY OF THE NOTICE DATED 04.01.2025 SENT BY THE 2ND RESPONDENT ADDRESSED TO PETITIONER Exhibit P4 A TRUE COPY OF THE AUCTION NOTICE DATED 22.02.2025 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER