2025:KER:29536 WP(C) No.8248 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. 8248 OF 2025 PETITIONER: LIJO JOSE AGED 42 YEARS S/O. LATE JOSE, PALLICKAL HOUSE, KANJOOR PO, KALADY, ERNAKULAM DISTRICT, PIN - 683575 BY ADV ELDHO VARGHESE RESPONDENTS: 1 THE SPECIAL SALE OFFICER KUTTAMASSERY SCB GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALUVA, ERNAKULAM DISTRICT., PIN - 683101 *2 THE KANJOOR SERVICE CO-OPERATIVE BANK LTD. NO.1097, REPRESENTED BY ITS SECRETARY, KALADY, ERNAKULAM DISTRICT, PIN - 683574 (THE NAME OF THE 2ND RESPONDENT IS CORRECTED AS “THE SECRETARY, THE KALADY - KANJOOR RURAL CO-OPERATIVE BANK LTD.NO.E. 1097, KALADY, ERNAKULAM DISTRICT, PIN - 683574” AS PER THE ORDER DATED 18.03.2025 IN I.A.01/2025 IN WP(C)8248/2025. BY ADVS. TERRY V. JAMES P.S.BASTIN(K/275/1999) IRIS S.R.(K/002672/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29536 WP(C) No.8248 of 2025 2 JUDGMENT The loan availed by the petitioner from the 2 nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Rules, 1969. Pursuant to the Award, Ext.P10 sale notice was issued to the petitioner. The petitioner has filed this writ petition challenging Ext.P10. The petitioner has also sought for a direction to the Society to permit him to pay the outstanding amount in equal monthly instalments. 2. Sri.Terry V.James, the learned Standing Counsel for the Society, on instructions, submits that as on 19.03.2025, an amount of Rs.6,64,369/- 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 12 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount 2025:KER:29536 WP(C) No.8248 of 2025 3 of Rs.6,64,369/- in 12 equal monthly instalments commencing from 01.06.2025, 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.P10 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29536 WP(C) No.8248 of 2025 4 APPENDIX OF WP(C) 8248/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT DATED 27/2/2024 EVIDENCING THE PAYMENT OF RS. 1 LAKHS. Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 21/5/2024 EVIDENCING THE PAYMENT OF RS. 50,000/- . Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 28/5/2024 EVIDENCING THE PAYMENT OF RS. 1,00,000/-. Exhibit P4 A TRUE COPY OF THE RECEIPT DATED 28/6/2024 EVIDENCING THE PAYMENT OF RS. 1,00,000/-. Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 30/8/2024 EVIDENCING THE PAYMENT OF RS. 39,000/- . Exhibit P6 A TRUE COPY OF THE RECEIPT DATED 2/12/2024 EVIDENCING THE PAYMENT OF RS. 50,000/- . Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 02/12/2024 EVIDENCING THE PAYMENT OF RS. 50,000/- . Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 3/1/2025 EVIDENCING THE PAYMENT OF RS. 35,000/- . Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 3/1/2025 EVIDENCING THE PAYMENT OF RS. 35,000/- . Exhibit P10 A TRUE OF THE SALE NOTICE DATED 3/2/2025 ISSUED BY THE RESPONDENTS TO THE PETITIONER.