2025:KER:28550 WP(C) NO. 13524 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13524 OF 2025 PETITIONER: ANITHA SUNIL AGED 50 YEARS W/O.SUNIL K.K., KUNDOLY HOUSE,UDAYA NAGAR , AYYANTHOLE P.O, THRISSUR, KERALA, PIN - 680003 BY ADVS. RAVI KRISHNAN ANJU P. RESPONDENTS: 1 THRISSUR SERVICE CO OPERATIVE BANK MAIN BRANCH,PATTURAICKAL , THIRUVAMBADY P.O, THRISSUR, KERALA REPRESENTED BY TIS SECRETARY, PIN - 680022 2 SPECIAL SALE OFFICER THRISSUR SERVICE CO OPERATIVE BANK GROUP OFFICE OF ASSISTANT REGISTRAR (GENERAL) OF CO OPERATIVE SOCIETIES, THRISSUR, KERALA, PIN - 680003 3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) OFFICE OF THE JOINT REGISTRAR CO OPERATIVE SOCIETIES (GENERAL) THRISSUR, KERALA, PIN - 680003 BY ADVS. A.D.RAVINDRA PRASAD ALEX VARGHESE(K/000320/1987) A.D.CHANDRA BOSE(MAH/685-B/1988) 2025:KER:28550 WP(C) NO. 13524 OF 2025 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28550 WP(C) NO. 13524 OF 2025 3 JUDGMENT The petitioner had availed a loan from the 1st respondent Society. The petitioner defaulted payment of installments and the Society initiated recovery steps. The petitioner was issued with sale notice dated 30.11.2024. Challenging the same, the petitioner filed W.P.(C) No.45564 of 2024. This Court, by Ext.P4 judgment, permitted the petitioner to pay the outstanding amount of Rs.69,57,462/- in 18 equal monthly installments commencing from 28.03.2025 along with accrued interest and payable charges. This Court also made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of the judgment and the respondents can proceed with the recovery steps in accordance with law. 2. The petitioner has filed Ext.P3 application before the 3rd respondent under Section 76 of the Kerala Co- operative Societies Act, 1969 read with Rules 83(i) and 124 thereunder to set aside the sale. The limited prayer of the petitioner is for expeditious consideration of Ext.P3 application by the 3rd respondent, in accordance with law. 3. The writ petition is opposed by Sri.A.D.Ravindra Prasad, the learned counsel for the Society 2025:KER:28550 WP(C) NO. 13524 OF 2025 4 contending that the petitioner has defaulted payment of installments pursuant to Ext.P4 judgment. 4. Since Ext.P3 is a statutory application, there will be a direction to the 3rd respondent to consider the same in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of copy of this judgment. 5. It is made clear that the consideration of Ext.P3 by the 3rd respondent shall not stand in the way of implementation of Ext.P4 judgment. This writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:28550 WP(C) NO. 13524 OF 2025 5 APPENDIX OF WP(C) 13524/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT ON 28.11.2022 IN ARC NO 10929/2022 Exhibit P2 TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 30.11.2024 Exhibit P3 TRUE COPY OF THE APPLICATION NO. 1156/2025 FILED BEFORE THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 5.3.2025 IN WP(C) NO. 45564/2024