2025:KER:28801 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. 22382 OF 2024 PETITIONERS: 1 O M ABRAHAM AGED 72 YEARS S/O ETTY MATHEW, UPPOOTTIL PANGADA P.O, PAMPADY, KOTTAYAM DISTRICT, KERALA., PIN – 686 502. 2 SARAMA ABRAHAM AGED 62 YEARS W/O O M ABRAHAM, UPPOOTTIL PANGADA P.O, PAMPADY, KOTTAYAM DISTRICT, KERALA, PIN – 686 502. BY ADVS. VISHNU DAS A.A.SHIBI SRUTHI DAS MANJUSHA K.U. MARIA NEETHU T.J ANAGHA A.S. GINI GEORGE RESPONDENT S : 1 KOOROPPADA SERVICE CO OPERATIVE BANK REPRESENTED BY ITS BRANCH MANAGER KOOROPPADA, PANGADA BRANCH, KOTTAYAM DISTRICT KERALA, PIN – 686 502. 2 KOOROPADA SCB GROUP REPRESENTED BY SPECIAL SALE OFFICER,OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES,CIRCLE COOPERATIVE SOCIETIES, KOTTAYAM DISTRICT, KERALA, PIN – 686 002. WP(C) NO.22382 OF 2024 : 2 : 2025:KER:28801 BY ADVS. DEEPTHY.S.NATH A.K. HARIDAS V.K. SUNIL, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.22382 OF 2024 : 3 : 2025:KER:28801 JUDGMENT The petitioners had availed a loan of Rs.10 lakhs each from the 1st respondent Society. They defaulted payment of instalments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Awards, recovery proceedings were initiated against the petitioners. The petitioners have filed this writ petition for a direction to the respondents to permit them to pay the outstanding amount in 24 monthly instalments. 2. When the writ petition came up for consideration today, the learned Counsel for the Society submitted that an amount of Rs.22,06,951/- each is outstanding in the loan accounts and the petitioners can be permitted to pay the said amount in reasonable WP(C) NO.22382 OF 2024 : 4 : 2025:KER:28801 installments. 3. The learned Counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:- a) The petitioners shall pay the outstanding amount of Rs.22,06,951/- each along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 03.05.2025. b) If the petitioners default payment of any of the instalments, it will be open to the Society to proceed against them in accordance with law. WP(C) NO.22382 OF 2024 : 5 : 2025:KER:28801 c) To enable the petitioners to pay the amount in instalments as aforesaid, all coercive proceedings against the petitioners shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO.22382 OF 2024 : 6 : 2025:KER:28801 APPENDIX OF WP(C) 22382/2024 PETITIONERS’ EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE REPRESENTATION MADE BY PETITIONER TO THE 1ST RESPONDENT DATED 23/04/2024. EXHIBIT P2 THE TRUE COPY OF THE NOTICE UNDER SECTION 76 OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 READ WITH RULE 81 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED 13.05.2024. EXHIBIT P3 THE TRUE COPY OF THE NOTICE UNDER SECTION 76 OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 READ WITH RULE 81 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER DATED 13.05.2024. EXHIBIT P4 THE TRUE COPY OF THE NOTICE UNDER RULE 81(E) OF KERALA CO-OPERATIVE SOCIETIES ACT, 1969 ISSUED TO THE PETITIONERS BY THE 2ND RESPONDENT DATED 13.05.2024. EXHIBIT P5 THE TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER BY THE PREMIER HOSPITAL.