2025:KER:29598 WP(C) No.8251 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. 8251 OF 2025 PETITIONER: SOUDHA T.A AGED 52 YEARS PREVIOUSLY RESIDED AT ASSARIPARAMBIL, VAYALKARA, KUNNUKARA P.O, ERNAKULAM DISTRICT. AND NOW RESIDING AT, JASNA MANZIL, ASSARIPARAMBIL, PARAVOOTHARA, CHITTATTUKARA, CHENDAMANGALAM P.O, ERNAKULAM, PIN - 683512 BY ADVS. DIPU.R K.S.BAIJU DHANYA BABU NEETHU SASI RAISSA BABU ANSU SARA MATHEW RESPONDENTS: 1 KUNNUKARA SERVICE CO-OPERATIVE BANK LTD NO 827 REPRESENTED BY ITS SECRETARY, HEAD OFFICE, KUNNUKARA, KUNNUKARA P.O, ERNAKULAM, PIN - 683578 2 SECRETARY KUNNUKARA SERVICE CO-OPERATIVE BANK LTD NO 827, HEAD OFFICE, KUNNUKARA, KUNNUKARA P.O, ERNAKULAM, PIN - 683578 2025:KER:29598 WP(C) No.8251 of 2025 2 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], ERNAKULAM OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], 5TH FLOOR, NEW BLOCK, CIVIL STATION KAKKANAD, ERNAKULAM, PIN - 682030 4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], NORTH PARAVOOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], NORTH PARAVOOR, ERNAKULAM, PIN - 683513 5 SENIOR CO-OPERATIVE INSPECTOR CUM SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], NORTH PARAVOOR, ERNAKULAM, PIN - 683513 BY ADVS. BILJY JOHNY Sasith M R MUHAMMED HUSSAIN K.A.(K/245/2014) SITHARA HAMZA KIZHAKOOT(K/1093/2021) MARIYA ANTONY(K/001456/2021) INDHU V.M.(K/001084/2021) REETHU JACOB(K/001440/2021) 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:29598 WP(C) No.8251 of 2025 3 JUDGMENT The loan availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Arbitration Award, recovery proceedings were initiated. The petitioner has filed this writ petition for a direction to the Society to permit her to pay the outstanding amount in equal monthly instalments. 2. The learned Standing Counsel for the Society submits that as on today, an amount of Rs.18,13,180/- 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 15 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 of Rs.18,13,180/-in 15 equal monthly instalments commencing from 05.05.2025, along with accrued interest and applicable charges. 2025:KER:29598 WP(C) No.8251 of 2025 4 If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against her 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 her shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29598 WP(C) No.8251 of 2025 5 APPENDIX OF WP(C) 8251/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF SUMMONS ISSUED BY THE FIFTH RESPONDENT WITH FILE NO 3324 / 20 Exhibit P2 THE TRUE COPY OF REQUEST DATED 24-11-2020 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT Exhibit P3 THE TRUE COPY OF THE RECEIPT WITH AC NO 0140300006335 DATED 12-02-2020 ISSUED BY THE 1ST RESPONDENT Exhibit P4 THE TRUE COPY OF RECEIPT WITH AC NO 0140300006335, DATED 21-7-2022 ISSUED BY THE FIRST RESPONDENT Exhibit P5 THE TRUE COPY OF RECEIPT WITH AC NO 0140 300006335, DATED 03-2-2023 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P6 THE TRUE COPY OF RECEIPT WITH AC NO.01404 30009212 DATED 03-02-2023 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P7 THE TRUE COPY OF NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER UNDER NAVAKERALEEYAM KUDISSIKA NIVARANAM-2023 Exhibit P8 THE TRUE COPY OF RECEIPT WITH AC NO 0140300006335 DATED 07-03-2024 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P9 THE TRUE COPY OF RECEIPT WITH AC NO 0140300006335 DATED 26-03-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P10 THE TRUE COPY OF REQUEST DATED 23-1-25 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT