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2025 DAILYLAW 3988 (KER)

DEEPTHY JINOY v. SPECIAL SALE OFFICER

WP(C)/8173/2025 · 2025-04-03

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29426 WP(C) NO. 8173 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. 8173 OF 2025 PETITIONER: DEEPTHY JINOY AGED 36 YEARS W/O JINOY T.S, THATTEL HOUSE, KUMARAKAM P.O, KOTTAYAM, KERALA,, PIN - 686563 BY ADVS. NAVANEETH.N.NATH ABHIRAMI S. ABDUL LATHEEF P.M. RESPONDENTS: 1 SPECIAL SALE OFFICER JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE COLLECTORATE BUILDING, K K ROAD, KOTTAYAM - KUMILY RD, COLLECTORATE, KOTTAYAM, KERALA, PIN - 686002 2 KUMARAKOM REGIONAL SERVICE CO-OPERATIVE BANK REPRESENTED BY SECRETORY, MARKET JUNCTION, BOAT JETTY ROAD, KUMARAKOM P.O, KOTTAYAM, PIN - 686563 BY ADVS. JOJO C A JOSEPH ANU A.A(K/000492/2021) 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:29426 WP(C) NO. 8173 OF 2025 2 JUDGMENT The petitioner had availed a loan from the 2nd respondent Society. He defaulted payment of installments and the Society initiated arbitration proceedings. Pursuant to the award, Ext.P1 sale notice was issued to the petitioner. Challenging Ext.P1, the petitioner have filed this writ petition. The petitioner has also sought for direction to permit her to pay the entire outstanding amount in 24 equal monthly installments. 2. The learned counsel for the Society, on instructions, submits that, as on 03.04.2025, an amount of Rs.14,94,077/- 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 10 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.14,94,077/- in 10 equal monthly installments commencing from 03.05.2025, along with accrued interest and payable charges. 2025:KER:29426 WP(C) NO. 8173 OF 2025 3 5. It is made clear that in case of default in payment of any single installment, the petitioner will lose the 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:29426 WP(C) NO. 8173 OF 2025 4 APPENDIX OF WP(C) 8173/2025 PETITIONER EXHIBITS Exhibit P1 THE RECOVERY NOTICE DATED 10.02.2025, ISSUED BY RESPONDENT NO. 1