WP(C) No.33908 of 2024 1 2025:KER:29030 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO.33908 OF 2024 PETITIONER: 1 SAFIYA, AGED 57 YEARS, W/O SHOUKKATHALI, KARIPPAKULAM HOUSE, KARUVANNUR DESOM, PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680711 2 SAIMA, AGED 37 YEARS, D/O SHOUKKATHALI, KARIPPAKULAM HOUSE, KARUVANNUR DESOM, PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680711 BY ADVS. ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN RESPONDENTS: 1 THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES, MUKUNDAPURAM, THRISSUR, PIN - 680733 2 SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF COOPERATIVE SOCIETIES, MUKUNDAPURAM, THRISSUR, PIN - 680733 WP(C) No.33908 of 2024 2 2025:KER:29030 3 KARUVANNUR SERVICE CO-OPERATIVE BANK NO. 112 MUKUNDAPURAM TALUK, KARUVANNUR P.O., THRISSUR REPRESENTED BY ITS SECRETARY, PIN - 680711 BY ADVS. V.BINOY RAM K.C.HARISH(K/000788/2017) MABLE C.KURINA, SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.33908 of 2024 3 2025:KER:29030 JUDGMENT The loan availed by the petitioners from the 3rd respondent Society fell in arrears. The Society initiated arbitration proceedings. Pursuant to the award, Ext.P1 sale proclamation notice and Ext.P2 sale notice were issued. Petitioners preferred Ext.P3 application to set aside the ex parte award along with Ext.P4 application for condonation of delay. The petitioners have filed this writ petition for a direction to the 1st respondent to consider and pass orders on Exts.P3 and P4. The petitioners have also sought for a direction to respondents 2 and 3 to stop all further proceedings for recovery of the amount covered by Exts.P1 and P2. 2. When the writ petition came up for WP(C) No.33908 of 2024 4 2025:KER:29030 consideration today, the learned Counsel for the Society, on instructions, submits that, as on 08.01.2024, an amount of Rs.29,79,691/- is outstanding in the loan account of the petitioners and that they can be permitted to pay the said amount in reasonable installments. 3. Though various contentions have been raised in the writ petition, the learned Counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in 20 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioners to pay the outstanding amount of Rs.29,79,691/- in 20 equal monthly installments commencing from 02.05.2025, along with accrued interest and applicable charges. WP(C) No.33908 of 2024 5 2025:KER:29030 5. If the petitioners default payment of any of the installments, it will be open to the respondents to proceed against them for recovery of the amount, in accordance with law. To enable the petitioners to repay the amount in installments 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 sp/04/04/2025 WP(C) No.33908 of 2024 6 2025:KER:29030 APPENDIX OF WP(C) 33908/2024 PETITIONER EXHIBITS EXT. P1 THE TRUE COPY OF THE SALE PROCLAMATION NOTICE BY THE 2ND RESPONDENT DATED 02.09.2024 EXT. P2 THE TRUE COPY OF THE SALE NOTICE DATED 02.09.2024 IN ARC NO. 5129/2022 EXT. P3 THE TRUE COPY OF THE PETITION FILD ON DATED 23.09.2024 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT IN ARC NO. 5129/2022 SEEKING TO SET ASIDE EXPARTE AWARD EXT. P4 THE TRUE COPY OF THE PETITION FILED ON DATED 23.09.2024 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN ARC NO. 5129/2022 SEEKING TO CONDONE THE DELAY IN FILING OF PETITION TO SET ASIDE EXPARTE AWARD EXT. P5 THE TRUE COPY OF THE RECEIPT EVIDENCING THE FACTUM OF SENDING THROUGH REGISTERED POST DATED 23.09.2024 EXT. P6 THE TRUE COPY OF THE COMMUNICATION DATED 19.10.2024 RECEIVED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE ADVOCATE RESPONDENT EXHIBITS EXT. R3(A) TRUE COPY OF THE LOAN LEDGER OF ACCOUNT NO. SLM/6124 IN THE NAME OF THE 1ST PETITIONER DATED 27-01-2025 EXT. R3(B) TRUE COPY OF THE LIABILITY REGISTER DATED 27-01-2025 IN THE NAME OF THE 1ST PETITIONER