WP(C) NO. 8947 OF 2025 : 1 : 2025:KER:29378 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. 8947 OF 2025 PETITIONER: RIYAS ABDUL AZEEZ, AGED 31 YEARS S/O ABDUL AZEEZ, KULANGARAKATH (H), MULLASSERY, THRISSUR, PIN - 680509 BY ADV MOHAMMED ASHRAF RESPONDENTS: 1 MULLASSERY SERVICE CO-OPERATIVE SOCIETY LTD REPRESENTED BY ITS SECRETARY, MULLASSERY, THRISSUR, PIN - 680509 2 SECRETARY MULLASSERY SERVICE CO-OPERATIVE SOCIETY LTD, MULLASSERY, THRISSUR, PIN - 680509 3 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CHAVAKKAD, THRISSUR, PIN - 680506 BY ADV RASMI NAIR . T THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8947 OF 2025 : 2 : 2025:KER:29378 JUDGMENT The loan availed by the petitioner from the 1st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to the award, Ext.P1 notice prior to attachment and Ext.P2 sale notice were issued to the petitioner. Challenging Ext.P2, the petitioner has filed this writ petition. He has also sought for direction to the 1st respondent to permit him to clear off the entire overdue amount in 25 monthly installments. 2. The learned counsel for the 1st respondent submits that, an amount of Rs.26,16,926/- is overdue in the loan account of the petitioner and the petitioner can be permitted to clear off the overdue amount in reasonable installments along with regular EMIs. WP(C) NO. 8947 OF 2025 : 3 : 2025:KER:29378 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue 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 overdue amount of Rs.26,16,926/- with accrued interest and applicable charges in 20 equal monthly installments commencing from 05.05.2025. (2) The petitioner shall also pay the regular EMIs along with the installments. (3) If the petitioner defaults payment of any of the installments, it will be open to the respondent to proceed against him for the recovery of WP(C) NO. 8947 OF 2025 : 4 : 2025:KER:29378 amount, in accordance with law. (4) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 8947 OF 2025 : 5 : 2025:KER:29378 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT INTIMATING ATTACHMENT Exhibit P2 A TRUE COPY OF THE SALE NOTICE DATED 22-01-2025