2025:KER:16368 WPC.No.35008/23 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946 WP(C) NO. 35008 OF 2023 PETITIONER: SANTHA SREEKUMAR, AGED 61 YEARS, W/O.SREEKUMAR, KRISHNAVILASAM DEEPU NIVAS, VELIYAMCODU.P O, TRIVANDRUM, PIN – 695 512. BY ADV.VIJAYAKUMARI RESPONDENTS: 1 SALE OFFICER, NEYYATTINKARA SERVICE CO-OPERATIVE SOCIETY, CIRCLE OFFICE, NEAR GOVT HOSPITAL JUNCTION, NEYYATTINKARA, PIN – 695 121. 2 PERUMPAZHUTHOOR SERVICE CO-OPERATIVE BANK (CLIPTOM) NO.T-262, REPRESENTED BY ITS MANAGER/SECRETARY, PERUMPAZHUTHOOR, PERUMPAZHUTHOOR.P.O, NEYYATTINKARA, PIN – 695 126. BY ADVS. B.S.SWATHI KUMAR ANITHA RAVINDRAN HARISANKAR N UNNI K.MINI MOLE (M-1356) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:16368 WPC.No.35008/23 2 JUDGMENT This writ petition is submitted by the petitioner being aggrieved by the recovery proceedings initiated against her for realizing the amounts due in respect of loan availed by the petitioner from the 2nd respondent Bank. Limited prayer sought by the petitioner is to permit her to pay off the entire liability in monthly installments. 2. The learned standing counsel for the respondent Bank submitted that, as of now an amount of Rs.14,83,662/- is due from the petitioner. Considering the facts and circumstances of the case, I am of the view that an opportunity can be granted to the petitioner to pay off the liability. Accordingly, this writ petition is disposed of directing the petitioner to pay the entire amount as referred to above, along with the future interest and other charges, in ten equal monthly installments. The first installment shall become due on 25.03.2025 and the remaining installments shall become due on the 25th day of subsequent months. In case of default 2025:KER:16368 WPC.No.35008/23 3 on the part of the petitioner in payment of any of the installments, the aforesaid facility shall stand cancelled, upon which the Bank will be at liberty to proceed with the recovery proceedings. Subject to the above direction, the recovery proceedings against the petitioner is directed to be kept in abeyance. Sd/- ZIYAD RAHMAN A.A. JUDGE The amount, Rs.14,83,662/-, shown in the 3rd sentence in paragraph 2 of the judgment, dated 25.02.2025 in W.P. (C).No.35008/23(A), is corrected and substituted as Rs.2,21,40,920/-, as per order dated 25.03.2025 in I.A.2/25 in W.P.(C).No.35008/23(A). Sd/- Joint Registrar 2025:KER:16368 WPC.No.35008/23 4 APPENDIX OF WP(C) 35008/2023 PETITIONER EXHIBITS Exhibit -P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/07/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO.188/23 IN ARB.AWARD NO.4610/2021 Exhibit -P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/09/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO. 196/2023 IN ARB.AWARD NO.4620/2021 Exhibit-P 3 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/09/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO. 201/23 IN ARB.AWARD NO.4628/2021 Exhibit -P4 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/09/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO. 202/2023 IN ARB.AWARD NO.4629/2021 Exhibit -P5 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/09/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO. 203/2023 IN ARB.AWARD NO.4630/2021 Exhibit-P 6 THE TRUE COPY OF THE DEMAND NOTICE DATED 20/09/2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER IN E.A.NO. 204/2023 IN ARB.AWARD NO.4631/2021