2025:KER:30152 WP(C) No.31783 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7 TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 31783 OF 2024 PETITIONERS: 1 USHAMMA AGED 73 YEARS W/O. GOPALAKRISHNA PILLAI, MATTHU CHARETHU VEEDU, VATHIKULAM MURI, THEKKEKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690101 2 GOPALAKRISHNA PILLAI, AGED 75 YEARS MATTHU CHARETHU VEEDU, VATHIKULAM MURI, THEKKEKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690101 BY ADVS. ALEX K.JOHN GEGO GEORGE NINAN THOMAS SRAYAS JOSEPH REENA JACOB RESPONDENTS: 1 PONNEZHA SERVICE CO-OPERATIVE BANK NO. 3522, REP. BY ITS SECRETARY, PALLARIMANGALAM, THEKKEKARA, KATTANAM, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690101 2 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OOPERATIVE SOCIETIES (GENERAL)MAVELIKKARA PO., ALAPPUZHA, PIN - 690101 2025:KER:30152 WP(C) No.31783 of 2024 2 BY ADVS. V.VISAL AJAYAN A.SREEPRIYA(K/001393/2000) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30152 WP(C) No.31783 of 2024 3 JUDGMENT The loan availed by the petitioners from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Award, the Society initiated recovery proceedings. Exts.P1 and P2 are the demand notices issued by the 2 nd respondent. The petitioners have filed this writ petition to quash Exts.P1 and P2. The petitioners have also sought for a direction to permit them to repay the outstanding amount in the loan account in 20 instalments. 2. The learned counsel for the Society, on instructions, submits that as on today, an amount of Rs.10,64,871/- is outstanding in the loan account of the petitioners and the petitioners can be permitted to pay the said amount in reasonable instalments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 15 equal monthly instalments. 2025:KER:30152 WP(C) No.31783 of 2024 4 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.10,64,871/- in 15 equal monthly instalments commencing from 07.05.2025, along with accrued interest and applicable charges. If the petitioners default payment of any of the instalments, it will be open to the Society to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in instalments as above, all coercive proceedings against them pursuant to Exts.P1 and P2 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:30152 WP(C) No.31783 of 2024 5 APPENDIX OF WP(C) 31783/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE DEMAND NOTICE DATED 05.09.2024 ISSUED BY THE SALE OFFICER OF THE RESPONDENT BANK TO THE FIRST PETITIONER Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE DATED 05.09.2024 ISSUED BY THE SALE OFFICER OF THE RESPONDENT BANK TO THE 2ND PETITIONER Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 09.04.2024 OF APPEAL NO.163/2023 PRONOUNCED BY KERALA COOPERATIVE TRIBUNAL, TRIVANDRUM