2025:KER:25625 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 10347 OF 2025 PETITIONERS: 1 MUHAMMED ALI AGED 55 YEARS S/O MOIDEEN, MANAKALA VALAPIL HOUSE, PERUMPILAVU VILLAGE, CHAVAKKAD TALUK, THRISSUR, PIN – 679 561. 2 SUHARA AGED 50 YEARS W/O MUHAMMED ALI, MANAKALA VALAPIL HOUSE, PERUMPILAVU VILLAGE, CHAVAKKAD TALUK, THRISSUR, PIN – 679 561. BY ADVS. HEMANTH H. V.V.JOY RESPONDENTS: 1 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR, ASSISTANT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE DEPARTMENT OFFICE, CHAVAKKAD, THRISSUR DISTRICT, PIN – 680 506. 2 THE KADAVALLUR SERVICE CO-OPERATIVE BANK LTD.NO.P.417 KADAVALLUR P.O, THRISSUR, REPRESENTED BY THE SECRETARY, PIN – 680 543. BY ADVS. P.C SASIDHARAN JENCY MICHEAL(K/562/1992) AKSHAY VENU(K/857/2019) WP(C) NO.10347 OF 2025 : 2 : 2025:KER:25625 JAEONA JAMES(K/000377/2019) ANN OLIVIA VALLAVANADAN(K/001546/2021) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.10347 OF 2025 : 3 : 2025:KER:25625 JUDGMENT The petitioners had availed three loans from the 2nd respondent Society. They defaulted payment of instalments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P1 notice was issued to the petitioners informing that if the dues are not cleared, the property would be measured and demarcated on 09.01.2025 for the purpose of auction. Challenging Ext.P1, the petitioners have filed this writ petition. Though various contentions have been raised, the petitioners limit their prayer for a direction to the 2nd respondent Society to permit them to pay the outstanding amount in easy instalments. WP(C) NO.10347 OF 2025 : 4 : 2025:KER:25625 2. This Court, by order dated 14.03.2025, stayed the further proceedings pursuant to Ext.P1 for a period of one month. 3. When the writ petition came up for consideration today, Adv. P.C. Sasidharan, the learned Counsel for the Society, on instructions, submitted that, as on 14.03.2025, an amount of Rs.25,67,766/- is outstanding in the loan accounts of the petitioners and the petitioners can be permitted to pay the said amount in reasonable instalments. 4. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 18 equal monthly instalments. 5. In the facts and circumstances of the case this WP(C) NO.10347 OF 2025 : 5 : 2025:KER:25625 writ petition is disposed of with the following directions:- a) The petitioners shall pay the outstanding amount of Rs.25,67,766/- (Rupees Twenty five lakhs sixty seven thousand seven hundred and sixty six only) along with accrued interest and applicable charges in 18 equal monthly instalments commencing from 02.05.2025. b) If the petitioners default payment of any of the instalments, it will be open to the Society to proceed against them in accordance with law. c) To enable the petitioners to pay the amount in instalments as aforesaid, all WP(C) NO.10347 OF 2025 : 6 : 2025:KER:25625 coercive proceedings against the petitioners shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.10347 OF 2025 : 7 : 2025:KER:25625 APPENDIX OF WP(C) 10347/2025 PETITIONERS’ EXHIBITS EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 06.01.2025 ISSUED BY THE 1ST RESPONDENT.