2025:KER:29613 WP(C) No.13380 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4 TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13380 OF 2025 PETITIONER: SARITHA S AGED 46 YEARS W/O RAJESH KUMAR C, RESIDING AT ABHINAVAM HOUSE, PATTANAKKAD P O, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532 BY ADVS. C.R.SANISH KARTHIK S. ACHARYA ANJANA K.P. ARJUN SASI RESPONDENTS: 1 KERALA STATE CO-OPERATIVE BANK PATTANAKKAD BRANCH, PATTANAKKAD P O, CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS BRANCH MANAGER., PIN - 688531 2 KERALA STATE CO-OPERATIVE BANK REGIONAL OFFICE, ALAPPUZHA, ALAPPUZHA P O, REPRESENTED BY ITS REGIONAL MANAGER., PIN - 688011 3 KERALA STATE CO-OPERATIVE BANK REGIONAL OFFICE, ALAPPUZHA, ALAPPUZHA P O, REPRESENTED BY ITS CREDIT PROCESSING CENTER DEPUTY GENERAL MANAGER., PIN - 688011 2025:KER:29613 WP(C) No.13380 of 2025 2 BY ADVS SRI.THOMAS ABRAHAM, SC. SMT.SHEEJA C.S, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29613 WP(C) No.13380 of 2025 3 JUDGMENT The loan availed by the petitioner from the 1 st respondent- Bank fell in arrears. The Society initiated arbitration proceedings. Pursuant to the Award, Ext.P2 sale notice was issued to the petitioner. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the Bank to permit her to pay the outstanding amount in equal monthly instalments. 2. Sri.Thomas Abraham, the learned Standing Counsel for the Bank, on instructions, submits that as on today an amount of Rs.1,48,416/- is outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 15 equal monthly instalments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.1,48,416/- in 15 equal monthly instalments commencing 2025:KER:29613 WP(C) No.13380 of 2025 4 from 05.05.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the Bank to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against her pursuant to Ext.P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29613 WP(C) No.13380 of 2025 5 APPENDIX OF WP(C) 13380/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AWARD DATED 18/04/2023 PASSED BY THE ARBITRATOR/DEPUTY REGISTRAR SRI.T MUSTHAFA APPOINTED BY APPOINTED BY THE JOINT REGISTRAR (GENERAL) AS PER THE ORDER DATED 04/01/2023 BEARING NO.JRG/ALP 2606/2022(1) AEL Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 12/03/2025 IN EP NO. 306/2023 ISSUED BY THE CO-OPERATIVE SOCIETIES REGISTRAR (GENERAL) ALAPPUZHA Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 21/03/2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT