2025:KER:27093 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 11871 OF 2025 PETITIONER: SAJI T.T., AGED 52 YEARS S/O. THOMAS, THEVANTHATTU HOUSE, PALLIKKUNNU POST, KANIYAMPATTA VILLAGE, MUTTIL NORTH, WAYANAD DISTRICT, PIN – 673 121. BY ADV JESWIN P.VARGHESE RESPONDENTS: 1 THE KERALA STATE CO-OPERATIVE BANK LTD., P.B NO. 6515, COBANK TOWERS, VIKHAS BHAVAN POST, PALAYAM, TRIVANDRUM REPRESENTED BY ITS SECRETARY, PIN – 695 033. 2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KALPETTA POST, WAYANAD DISTRICT, PIN – 673 121. 3 THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KAMBALAKKAD EVENING BRANCH, KAMBALAKKAD POST, WAYANAD DISTRICT, PIN – 673 121. BY ADV. ATHUL SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.11871 OF 2025 : 2 : 2025:KER:27093 JUDGMENT The loan availed by the petitioner from the 1st respondent Bank fell in arrears. The Bank initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P1 is the Award. Pursuant to Ext.P1, Ext.P2 notice was issued to the petitioner informing that if the dues are not cleared before 03.03.2025, the property would be measured and demarcated for the purpose of auction. The petitioner has filed this writ petition for a direction to the 1st respondent to permit him to clear off the entire liability in 24 equal monthly instalments. 2. When the writ petition came up for consideration today, Adv. Athul Shaji, the learned Counsel for the Bank, submitted that an amount of Rs.16,99,234/- is outstanding WP(C) NO.11871 OF 2025 : 3 : 2025:KER:27093 in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. Adv. Jeswin P. Varghese, the learned Counsel for the petitioner submits that the petitioner is in financial constraints due to his ailments and he may be permitted to pay the outstanding amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.16,99,234/- along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 02.05.2025. WP(C) NO.11871 OF 2025 : 4 : 2025:KER:27093 b) If the petitioner defaults payment of any of the instalments, it will be open to the Bank to proceed against him in accordance with law. c) To enable the petitioner to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.11871 OF 2025 : 5 : 2025:KER:27093 APPENDIX OF WP(C) 11871/2025 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT VIDE ARC NO. 627/2024 DATED 26.11.2024. EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED TO PETITIONER BY THE 3RD RESPONDENT DATED 25.02.2025. EXHIBIT P3 A TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED FROM FATIMA MATHA MISSION HOSPITAL, KALPETTA, WAYANADU DATED 30.12.2024.