Extracted from the PDF above. The PDF is authoritative.
2025:KER:29615 WP(C) NO. 8171 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. 8171 OF 2025 PETITIONER:
SUNNY LUKOSE AGED 55 YEARS S/O LUKOSE, KOCHUVENATTU HOUSE, AYARKUNNAM, KOTTAYAM, PIN - 686564 BY ADV M.R.SARIN RESPONDENTS: 1 SPECIAL SALE OFFICER MANGANAM SCB GROUP, OFFICE OF ASSISTANT REGISTRAR OFFICE (GENERAL) KOTTAYAM, PIN - 686001 2 PUNNATHURA SERVICE COOPERATIVE BANK LTD 1712 AYARKUNNAM, KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 686564 3 THE SECRETARY PUNNATHURA SERVICE COOPERATIVE BANK LTD 1712, AYARKUNNAM, KOTTAYAM, PIN - 686564 4 ASSISTANT REGISTRAR (GENERAL) OFFICE OF ASSISTANT REGISTRAR OFFICE (GENERAL) KOTTAYAM, PIN - 686018 BY ADV K.C.VINCENT Smt. Mable C Kurien, 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:29615 WP(C) NO. 8171 OF 2025 2 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the award, Ext.P1 sale notice has been issued to the petitioner. The petitioner has sought for direction to permit him to clear off the liabilities in 30 installments.
2. Sri.K.C.Vincent, the learned counsel for the 2nd respondent Society, on instructions, submits that, as on today, an amount of Rs.17,73,833/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments.
3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 18 equal monthly installments.
4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.17,73,833/- in 18 equal monthly installments commencing from 30.04.2025, along with accrued interest and payable charges.
5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the
2025:KER:29615 WP(C) NO. 8171 OF 2025 3 benefit of this judgment and the respondents can proceed with recovery steps in accordance with law. Writ petition is disposed of.
Sd/- MURALI PURUSHOTHAMAN JUDGE GBG
2025:KER:29615 WP(C) NO. 8171 OF 2025 4 APPENDIX OF WP(C) 8171/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTICE PRIOR TO SALE ISSUED BY THE 1ST RESPONDENT DATED 3.02.2025