2025:KER:25433 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 12180 OF 2025 PETITIONER: SATHEESHAN K. AGED 45 YEARS S/O. KUNHIRAMAN NAIR, PUNDOOR HOUSE, NEKRAJE P.O, KASARGOD DISTRICT, PIN – 671 543. BY ADVS. K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P. VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM RESPONDENTS: 1 KERALA STATE CO-OPERATIVE BANK LTD. BADIADKA EVENING BRANCH, BADIADKA, PERDALA, KASARAGOD DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN – 671 551. 2 MANAGER KERALA STATE CO-OPERATIVE BANK LTD., BADIADKA EVENING BRANCH, BADIADKA, PERDALA, KASARAGOD DISTRICT, PIN – 671 55. 2025:KER:25433 WP(C) NO.12180 OF 2025 2 3 DEPUTY GENERAL MANAGER KERALA STATE CO-OPERATIVE BANK LTD, CREDIT PROCESSING CENTRE, KASARGOD, PIN – 671 121. SRI. M.SASINDRAN - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25433 WP(C) NO.12180 OF 2025 3 JUDGMENT The loan availed by the petitioner from the 1st respondent Bank fell in arrears on account of default in payment of installments and the Bank initiated arbitration proceedings. Ext.P1 is the notice summoning the petitioner to appear before the Arbitrator on 28.03.2025. The petitioner has filed this writ petition challenging Ext.P1 and for a direction to the 1st respondent to regularise the loan account by permitting him to pay the dues in installments. 2. Sri.M.Sasindran, the learned Standing Counsel for the Bank, on instructions, submits that, an amount of Rs.1,54,547/- is overdue in the loan account of the petitioner and the 2025:KER:25433 WP(C) NO.12180 OF 2025 4 petitioner can be permitted to pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the overdue amount in three equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the overdue amount of Rs.1,54,547/- in three equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. The installments as above shall be payable in addition to the regular EMIs. If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him for 2025:KER:25433 WP(C) NO.12180 OF 2025 5 recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P1 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25433 WP(C) NO.12180 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 01.03.2025 ISSUED BY THE ASSISTANT REGISTRAR/ ARBITRATOR, KERALA STATE CO-OPERATIVE BANK, KANNUR REGION, KASARAGOD DISTRICT, TO THE PETITIONER. RESPONDENT S EXHIBITS: - NIL.