WP(C) NO. 8810 OF 2025 : 1 : 2025:KER:29388 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 8810 OF 2025 PETITIONER: BABU M.P, AGED 57 YEARS S/O BALAN, ATHIRA HOUSE, PALAKALODINILAM , ARATHILPRAMBU PERUMANNA, KOZHIKODE-, PIN - 673019 BY ADVS. SHARAN SHAHIER TREESA SHAJI RHEA SHERRY SONA BENNY ANGELINA JOY ADITHYAN C. AQEEL MUHAMMED K.H. RESPONDENTS: 1 CHERUKULATHUR SERVICE CO-OPERATIVE BANK REPRESENTED BY SECRETARY, CHERUKULATHUR KOZHIKODE-, PIN - 673008 2 AUTHORIZED OFFICER CHERUKULATHUR SERVICE CO-OPERATIVE BANK, CHERUKULATHUR KOZHIKODE-, PIN - 673008 3 ARBITRATOR/ SPECIAL SALE OFFICER PERUVAYAL S.C.B GROUP ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE- ., PIN – 673008 R BY SR M.T.SAMEER,SC R BY SR.GP SRI.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8810 OF 2025 : 2 : 2025:KER:29388 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P4 sale notice was issued to the petitioner. The petitioner has filed this writ petition to keep in abeyance the coercive proceedings initiated against the petitioner and to permit him to clear off the entire outstanding amount in reasonable monthly installments. 2. The learned counsel for the Society, submits that, an amount of Rs.33,68,526/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. WP(C) NO. 8810 OF 2025 : 3 : 2025:KER:29388 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.33,68,526/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 30.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him, for the recovery of the amount in WP(C) NO. 8810 OF 2025 : 4 : 2025:KER:29388 accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 8810 OF 2025 : 5 : 2025:KER:29388 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ARBITRATION AWARD, PASSED BY THE SPECIAL SALE OFFICER PERUVAYAL SCB GROUP OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY DATED 14.03.2024 Exhibit P2 A TRUE COPY OF THE POSSESSION NOTICE, ISSUED BY THE ARBITRATOR, PERUVAYAL SCB GROUP, ON 24.10.2024 Exhibit P3 A TRUE COPY OF THE SALE NOTICE DATED 28/11/2024 ISSUED BY THE SPECIAL SALE OFFICER, PERUVAYAL SCB GROUP, KOZHIKODE Exhibit P4 THE TRUE COPY OF THE SALE NOTICE DATED 10.02.2025 , CIRCULATED BY THE SPECIAL SALE OFFICER, PERUVAYAL SERVICE CO-OPERATIVE BANK