2025:KER:26569 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. 12458 OF 2025 PETITIONER: SOMAN THAMODARAN AGED 70 YEARS S/O. THAMODARAN, PULICKAPARAMBIL HOUSE, AMAYANNOOR P.O., AYARKUNNAM, KOTTAYAM, PIN – 686 564. BY ADVS. LINDONS C.DAVIS E.U.DHANYA P.JAHANGEER N.S.SHAMILA CHINJU P. JOYIES RESPONDENTS: 1 KERALA STATE CO-OPERATIVE BANK LTD REPRESENTED BY ITS SECRETARY, KOTTAYAM REGIONAL OFFICE, KUMMANAM, THAZHATHANGADI, KOTTAYAM P.O, KOTTAYAM, PIN – 686 001. 2 JOINT REGISTRAR (GENERAL), OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM, COLLECTORATE BUILDING, KOTTAYAM - KUMILY ROAD, KOTTAYAM, PIN – 686 002. 2025:KER:26569 WP(C) NO.12458 OF 2025 2 3 SPECIAL SALE OFFICER KERALA STATE CO-OPERATIVE BANK LTD KOTTAYAM REGIONAL OFFICE, KUMMANAM, THAZHATHANGADI, KOTTAYAM P.O, KOTTAYAM., PIN – 686 001. SRI. 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: 2025:KER:26569 WP(C) NO.12458 OF 2025 3 JUDGMENT The petitioner had availed an overdraft facility from the 1st respondent Bank. The petitioner defaulted payment of installments and the Bank initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the arbitration Award, Ext.P1 demand notice was issued to the petitioner. Challenging Ext.P1, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit him to clear off the liability in twenty four equal monthly installments. 2. Sri.Athul Shaji, the learned Standing Counsel for the Bank, on instructions, submitted 2025:KER:26569 WP(C) NO.12458 OF 2025 4 that, an amount of Rs.36,74,243/- is outstanding in the loan account of the petitioner and the 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 outstanding amount in twenty equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.36,74,243/- in twenty equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Bank to proceed against him for 2025:KER:26569 WP(C) NO.12458 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:26569 WP(C) NO.12458 OF 2025 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A COPY OF THE DEMAND NOTICE DATED 22.07.2024 IN FORM 1. RESPONDENT EXHIBITS:-