WP(C) NO. 42865 OF 2024 : 1 : 2025:KER:27211 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 42865 OF 2024 PETITIONER: K. RAVI, AGED 59 YEARS S/O KUTTAN NADAR, VALIYAVILA PUTHEN VEEDU, VALIYAVILA, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 BY ADV M.R.SARIN RESPONDENTS: 1 SPECIAL SALES OFFICER COOPERATIVE ASSISTANT REGISTRAR OFFICE (GENERAL) VENPAKAL, THIRUVANANTHAPURAM, PIN - 695123 2 THE VENPAKAL SERVICE COOPERATIVE BANK LTD NO T.155 VENPAKAL.P.O, ATHIYANNUR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695123 3 THE SECRETARY THE VENPAKAL SERVICE COOPERATIVE BANK LTD NO T.155, VENPAKAL.P.O, ATHIYANNUR, THIRUVANANTHAPURAM, PIN - 695123 4 ASSISTANT REGISTRAR [GENERAL] OFFICE OF ASSISTANT REGISTRAR OF COOPERATIVE WP(C) NO. 42865 OF 2024 : 2 : 2025:KER:27211 SOCIETIES NEYYANTTINKARA THIRUVANANTHAPURAM - 695014 BY ADV ADV RAJESH R.B R BY SR.GP SMT.MABLE C.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 42865 OF 2024 : 3 : 2025:KER:27211 JUDGMENT The loan availed by the petitioner from the 2nd respondent Society fell in arrears due to non payment of installments. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to the award, recovery steps were initiated against the petitioner. Ext.P2 is the attachment notice. The petitioner has filed this writ petition for direction to the 2nd respondent to permit him to clear off the outstanding amount in 25 monthly installments. 2. A counter affidavit has been filed by the Society, wherein it is stated that as on 12.02.2024, an amount of Rs.6,12,426/- is outstanding in the WP(C) NO. 42865 OF 2024 : 4 : 2025:KER:27211 loan account of the petitioner. 3. During the hearing, the learned counsel for the Society submitted that the petitioner can be permitted to pay the outstanding amount in reasonable installments. 4. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 10 equal monthly installments. In the facts and circumstances of the case, this writ petition is disposed of with the following directions: (1) The petitioner shall pay the outstanding amount of Rs.6,12,426/- along with accrued interest and applicable charges in 10 equal WP(C) NO. 42865 OF 2024 : 5 : 2025:KER:27211 monthly installments commencing from 02.05.2025. (2) If the petitioner defaults payment of any of the installments, it will be open to the 2nd respondent to proceed against him, for the recovery of the amount in accordance with law. (3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 42865 OF 2024 : 6 : 2025:KER:27211 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE REPLY NOTICE TO THE PETITIONER ISSUED BY THE 3RD RESPONDENT HEREIN DATED 1.08.2023 Exhibit P2 THE TRUE COPY OF THE ATTACHMENT NOTICE PUT BY THE 1ST RESPONDENT IN THE PROPERTY OF THE PETITIONER DATED 15.11.2024 Exhibit P3 HE TRUE COPY OF THE REPRESENTATION LETTER FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT HEREIN DATED 25.11.2024