2025:KER:25168 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 9388 OF 2024 PETITIONER: AJUKUMAR AGED 60 YEARS S/O. CHAKRAPANI, REJI NIVAS, OTTOOR, CHENNANCOTT P.O., VARKALA TALUK, THIRUVANANTHAPURAM, PIN – 695 143. BY ADVS. GEORGE SEBASTIAN MEENU PRIYA K.G. K.RAJENDRAN CHETTIAR RESPONDENTS: 1 THE SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, VARKKALA, THIRUVANANTHAPURAM, PIN – 695 141. 2 THE OTTOOR SERVICE CO-OPERATIVE BANK LTD. NO. 976, HEAD OFFICE CHEMMARUTHI, ADASSERIKONAM P.O., KALLAMBALAM, VARKKALA TALUK REPRESENTED BY ITS SECRETARY, PIN – 695 141. BY ADVS. P.N.MOHANAN AMRUTHA SURESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25168 WP(C) NO.9388 OF 2024 2 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears on account of default in payment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P2 is the demand notice and Ext.P3 is the notice prior to the attachment. The petitioner has filed this writ petition challenging Ext.P2. The petitioner has also sought for a direction to the respondents to permit him to pay the outstanding amount in installments. 2. Sri.P.N.Mohanan, the learned counsel for the Society, on instructions, submits that, an amount of Rs.15,92,708/- is outstanding in the loan account of the petitioner and the petitioner 2025:KER:25168 WP(C) NO.9388 OF 2024 3 can be permitted to pay the said amount in reasonable installments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in twenty equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.15,92,708/- in twenty equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable 2025:KER:25168 WP(C) NO.9388 OF 2024 4 the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Ext.P2 shall stand deferred. It will also be open to the petitioner to approach the Society for availing the benefit of One Time Settlement Scheme in accordance with law. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:25168 WP(C) NO.9388 OF 2024 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 10.04.2023 ISSUED TO THE PETITIONER FROM VILLAGE OFFICE OTTOOR. EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 30.07.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 28.01.2025 ISSUED BY THE 1 ST RESPONDENT TO THE PETITIONER DEMANDING RS 1577877/-. RESPONDENT S EXHIBITS: - NIL.