2025:KER:27985 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13614 OF 2025 PETITIONERS: 1 KOCHAPPAN PILLAI AGED 70 YEARS, S/O. LAKSHMANAN PILLAI, AMBUJA VIHAR, EAST KADUNGALLUR, U.C COLLEGE P.O., ALUVA, PIN – 683 102. 2 RAMA.K.PILLAI AGED 62 YEARS, W/O. KOCHAPPAN PILLAI, AMBUJA VIHAR, EAST KADUNGALLUR, U.C COLLEGE P.O., ALUVA, PIN – 683 102. BY ADVS. ZAKEER HUSSAIN K.A.SANJEETHA ABY GEORGE RESPONDENTS: 1 KADUNGALLUR SERVICE CO-OPERATIVE BANK LTD NO.2165 EAST KADUNGALLOOR, UC COLLEGE P.O, ALUVA REPRESENTED BY ITS SECRETARY, PIN – 683 102. 2 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR, NEAR MOOKAMBIKA TEMPLE, NORTH PARAVUR, PIN – 683 513. 3 SPECIAL SALE OFFICER K.S.C.B LTD NO.2165 GROUP, OFFICE OF THE ASSISTANT REGISTRAR, NEAR MOOKAMBIKA TEMPLE, NORTH PARAVUR, PIN – 683 513. SMT. RESMI THOMAS - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27985 WP(C) NO.13614 OF 2025 2 JUDGMENT The petitioners had availed three loans from the 1st respondent Society. There was a default in repayment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Exts.P2 to P4 are the plaint in the arbitration proceedings. Exts.P7 and P8 are the summons issued in the arbitration cases. The petitioners state that they had filed Ext.P5 representation seeking the benefit of Ext.P9 circular for One Time Settlement. However, without considering Ext.P5, the respondents are proceeding with recovery proceedings. The limited prayer of 2025:KER:27985 WP(C) NO.13614 OF 2025 3 the petitioners is for a consideration of Ext.P5 by the 1st respondent. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the 2nd respondent. In the nature of the direction I propose to pass in this writ petition, notice to respondents 1 and 3 are dispensed with. 3. In the facts and circumstances of the case, there will be a direction to the competent authority of the 1st respondent to consider Ext.P5 representation for the benefit of Ext.P9 circular in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till such time orders 2025:KER:27985 WP(C) NO.13614 OF 2025 4 are passed on Ext.P5 and communicated to the petitioners there shall not be any recovery proceedings pursuant to Exts.P2 to P4. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27985 WP(C) NO.13614 OF 2025 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 10/02/2024 SUBMITTED BY THE PETITIONERS TO THE MINISTER OF CO-OPERATIVE SOCIETIES. EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 30/01/2025 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT FOR RECOVERY OF RS.14,89,092/- IN RESPECT OF LOAN ACCOUNT NO.OL-20H/223. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 30/01/2025 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT FOR RECOVERY OF RS.15,05,014/- IN RESPECT OF LOAN ACCOUNT NO.OL-20H/224. EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 30/01/2025 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT FOR RECOVERY OF RS.12,51,752/- IN RESPECT OF LOAN ACCOUNT NO.BL-20H/71. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20/02/2025 SUBMITTED BY THE PETITIONER TO THE JOINT REGISTRAR (GENERAL)OF SOCIETIES, ERNAKULAM FOR ONE TIME SETTLEMENT. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 21/03/2025 ISSUED BY THE OFFICE OF THE JOINT REGISTRAR (GENERAL), ERNAKULAM. EXHIBIT P7 TRUE COPY OF THE SUMMONS DATED 10/03/2025 ISSUED TO THE 1ST PETITIONER. EXHIBIT P8 TRUE COPY OF THE SUMMONS DATED 10/03/2025 ISSUED TO THE 2ND PETITIONER. EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO.1/2025 DATED 01/01/2025 ISSUED BY THE REGISTRAR OF THE CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. RESPONDENT EXHIBITS: NIL.