2025:KER:27123 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. 38700 OF 2023 PETITIONER: JOSEPH.T.J. AGED 59 YEARS S/O MATHEN JOSEPH, THADIYITHRAYIL, EDAPPAVOORU.P.O., PATHANAMTHITTA DISTRICT., PIN – 689 614. BY ADVS. A.V.JOJO A.X.VARGHESE RESPONDENTS: 1 AYROOR VILLAGE SERVICE CO-OPERATIVE BANK ( LTD) NO. A 706 REP.BY ITS SECRETARY, AYROOR SOUTH POST, CHERUKOLEPUZHA, PATHANAMTHITTA DISTRICT., PIN – 689 611. 2 THE SECRETARY AYROOR VILLAGE SERVICE CO-OPERATIVE BANK( LTD) NO. A 706, AYROOR SOUTH POST, CHERUKOLEPUZHA, PATHANAMTHITTA DISTRICT., PIN – 689 611. 3 SPECIAL SALE OFFICER PAZHAVANGADIKARA, SCB GROUP, ASSISTANT REGISTRAR OFFICE (GENERAL) RANNI.P.O., RANNI , PATHANAMTHITTA DISTRICT., PIN – 689 672. BY ADVS. S.MUHAMMED HANEEFF M.H.ASIF ALI(K/000732/2016) ARAVIND T RAMESH(K/000993/2016) RAJANA JOSE(K/1696/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.38700 OF 2023 : 2 : 2025:KER:27123 JUDGMENT The petitioner had availed a loan from the 1st respondent Society. The petitioner’s father stood as a surety for the said loan. On default of payment of installments, the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, Ext.P1 demand notice was issued to the petitioner. Pursuant thereto, Ext.P5 notice prior to attachment was issued to the petitioner. 2. The petitioner’s father had also availed a loan from the 1st respondent and the petitioner was the surety. Ext.P2 is the demand notice issued in respect of the said loan. The petitioner has filed this writ petition challenging Exts.P1 and P2. The petitioner has also sought for a WP(C) NO.38700 OF 2023 : 3 : 2025:KER:27123 direction to the respondents to permit him to clear off the dues in instalments. 3. The learned Counsel for the petitioner submits that the petitioner is not so far served with any notice other than Ext.P2 in respect of the loan availed by the petitioner’s father. The petitioner states that the petitioner is willing to pay the entire outstanding liability in respect of the loan availed by him for which he has been served with Exts.P1 and P5. 4. The learned Counsel for the Society submitted that, as on today (27.03.2025), an amount of Rs.29,18,132/- is outstanding in the loan account of the petitioner and he has been served with Exts.P1 and P5 in respect of the said dues and that the petitioner can be permitted to pay the said amount in reasonable WP(C) NO.38700 OF 2023 : 4 : 2025:KER:27123 instalments. 5. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 20 equal monthly instalments. 6. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioner shall pay the outstanding amount of Rs.29,18,132/- along with accrued interest and applicable charges in 20 equal monthly instalments commencing from 02.05.2025. b) If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him in accordance with law. c) To enable the petitioner to pay the amount WP(C) NO.38700 OF 2023 : 5 : 2025:KER:27123 in instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred. d) It will be open to the Society to proceed against the dues referred to in Ext.P2 in accordance with law. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.38700 OF 2023 : 6 : 2025:KER:27123 APPENDIX OF WP(C) 38700/2023 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE NO.373/2023 IN AWARD 899/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 8/11/2023. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE NO.374/2023 IN AWARD 896/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 8/11/2023. EXHIBIT P3 TRUE COPY OF THE NOTICE IN 373/2023 DATED 6/11/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE NOTICE IN 374/2023 DATED 6/11/2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED 4/3/2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.