2025:KER:28302 WP(C) No.8385 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2 ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 8385 OF 2025 PETITIONER: BABURAJAN A.P AGED 49 YEARS S/O (LATE) VELAYUDHAN NAIR, RESIDING AT AKKUMPARAMBATHU HOUSE, CHEROOPPA POST, KUTTIKADAVU, MAVOOR VILLAGE, KOZHIKODE DISTRICT., PIN - 673661 BY ADV JESWIN P.VARGHESE RESPONDENTS: 1 MAVOOR SERVICE CO OPERATIVE BANK LTD NO. F 1247, MAVOOR POST, KOZHIKODE DISTRICT. REPRESENTED BY ITS SECRETARY., PIN - 673661 2 THE SECRETARY MAVOOR SERVICE CO OPERATIVE BANK LTD. NO. F 1247, MAVOOR POST, KOZHIKODE DISTRICT, PIN - 673661 3 THE SPECIAL SALE OFFICER MAVOOR SERVICE CO OPERATIVE BANK LTD. NO. F 1247, OFFICE OF THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL), KOZHIKODE, PIN - 673003 BY ADV SRI.M.SASINDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28302 WP(C) No.8385 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.P1 sale notice was issued to the petitioner. The petitioner has filed this writ petition for a direction to the Society to permit him to avail the benefit of Ext.P2 circular and for other allied reliefs. 2. A counter affidavit has been filed on behalf of the 1 st respondent wherein it is stated that the total amount due in the loan account of the petitioner as on 12.03.2025 is Rs.24,00,343/-. It is also stated that on extending the benefit of One Time Settlement, the petitioner has to pay an amount of Rs.20,12,772/-. It is further stated that if the amount of Rs.1,80,222/- in the SB account of the petitioner and the amount of share of Rs.10,000/- and dividend of Rs.6,000/- are adjusted towards the loan, then the actual amount for closing the loan would be Rs.18,16,550/- 3. When the writ petition came up for consideration on 26.03.2025, the learned counsel for the petitioner submitted that the petitioner is willing to avail the benefit of OTS. Since it 2025:KER:28302 WP(C) No.8385 of 2025 3 was submitted that the time for payment as per the Scheme expired on 31.03.2025, the petitioner was directed to pay the amount on or before 29.03.2025. 4. Today the learned Standing Counsel for the Society submitted that the period for availing the benefit of OTS has been extended upto 30.04.2025. The learned counsel for the petitioner submits that the petitioner is willing to avail the benefit of OTS and he will pay the amount on or before 30.04.2025. It is also submitted that the petitioner is willing to permit the Society to adjust the amount in the SB account, shares and dividend referred to in paragraph 5 of the counter affidavit, towards the loan. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to pay the amount of Rs.18,16,550/- on or before 30.04.2025. If the amount is not paid as aforesaid, it will be open to respondents 1 and 3 to proceed against the petitioner pursuant to Ext.P1 sale notice. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:28302 WP(C) No.8385 of 2025 4 APPENDIX OF WP(C) 8385/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 12.02.2025. Exhibit P2 A TRUE COPY OF RELEVANT PORTION OF CIRCULAR NO. 1/2025 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM DATED 01.01.2025. Exhibit P3 A TRUE COPY OF CALCULATION STATEMENT PREPARED BY THE OFFICIALS UNDER THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE PASSBOOK OF GROUP DEPOSIT SCHEME VIDE GDS NO. 169, A/C NO. 45 DATED 14.07.2017. Exhibit P5 A TRUE COPY OF THE PASSBOOK OF GROUP DEPOSIT SCHEME VIDE GDS NO. 177, A/C NO. 31 DATED 14.05.2018 Exhibit P6 A TRUE COPY OF THE PASSBOOK OF GROUP DEPOSIT SCHEME VIDE GDS NO. 177, A/C NO. 32 DATED 14.05.2018 Exhibit P7 A TRUE COPY OF THE PASSBOOK OF GROUP DEPOSIT SCHEME VIDE GDS NO. 186/18, A/C NO. 4 DATED 14.11.2018 Exhibit P8 A TRUE COPY OF THE PASSBOOK OF GROUP DEPOSIT SCHEME VIDE GDS NO. 186/18, A/C NO. 49 DATED 14.11.2018 Exhibit P9 A TRUE COPY OF THE PASSBOOK OF SB A/C NO. 3459 MAINTAINED BY THE PETITIONER WITH 1ST RESPONDENT BANK Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 24.02.2025 2025:KER:28302 WP(C) No.8385 of 2025 5 RESPONDENT EXHIBITS Exhibit R1(a) Exhibit R1(b) A true copy of the loan application of the petitioner A true copy of the Award No.6780/2014 dated 23/01/2015 Exhibit R1(c ) A true copy of the SB Account No.0301110003459 of the petitioner Exhibit R1(d) A true copy of the loan account No. 0304040000941