2025:KER:27125 WP(C) No.42965 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN THURSDAY, THE 27 TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 42965 OF 2024 PETITIONER: VIJAYAKUMAR K.N. AGED 67 YEARS S/O NARAYANAN, CHIRAKKAL, ANICKAD EAST PO, KOTTAYAM, PIN - 686503 BY ADV P.SIVARAJ RESPONDENTS: 1 ANICKAD REGIONAL FARMERS SERVICE CO-OPERATIVE BANK LTD NO.3867, ANICKAD, KOTTAYAN -686 503, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 686503 2 MANAGING DIRECTOR, ANICKAD REGIONAL FARMERS SERVICE COOPERATIVE BANK LTD NO.3867 ANICKAD, KOTTAYAM -, PIN - 686503 3 SPECIAL SALE OFFICER KOOROPPADA SCB GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM, PIN - 686502 BY ADVS. SRI.SHAJI THOMAS JEN JAISON(K/000208/2017) THOMASKUTTY SEBASTIAN(K/623/1987) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27125 WP(C) No.42965 of 2024 2 JUDGMENT The loans availed by the petitioner from the 1 st respondent Society fell in arrears. The Society initiated arbitration proceedings. Exts.P1 to P4 are the Awards. Pursuant to Exts.P1 to P4, Ext.P8 demand notice has been issued to the petitioner and his son who is a co-borrower. The petitioner has sought for a direction to quash Ext.P8 and to grant sufficient time to him to pay the amount covered by Exts.P1 to P4. 2. When the writ petition came up for consideration today, the learned counsel for the Society submits that an amount of Rs.80,50,476/- is outstanding in the loan account of the petitioner and his son as on 15.02.2025 and the petitioner can be permitted to pay the outstanding amount in reasonable instalments. 3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount of Rs.80,50,476/- in 20 equal monthly instalments. 2025:KER:27125 WP(C) No.42965 of 2024 3 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount in 20 equal monthly instalments commencing from 28.04.2025, along with accrued interest and applicable charges. If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in instalments as above, all coercive proceedings against him pursuant to Ext.P8 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:27125 WP(C) No.42965 of 2024 4 APPENDIX OF WP(C) 42965/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD DATED 27.10.2023 IN ARC NO.2019/2023 OF THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE AWARD DATED 25.05.2024 IN ARC NO.1562/2024 OF THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE AWARD DATED 07.08.2023 IN ARC NO. 2757/2023 OF THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE AWARD DATED 13.06.2022 IN ARC NO. 2506/2022 OF THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE TREATMENT RECORD IN CARITAS CANCER INSTITUTE, KOTTAYAM FOR THE PERIOD, HE WAS ADMITTED ON 12.09.2023 AND DISCHARGED ON 21.09.2023 Exhibit P6 A TRUE COPY OF THE TREATMENT RECORD IN CARITAS CANCER INSTITUTE, KOTTAYAM FOR THE PERIOD, HE WAS 7 ADMITTED ON 02.10.2023 AND DISCHARGED ON 17.10.2023 Exhibit P7 A TRUE COPY OF THE HISTO PATHOLOGY REPORT OF THE PETITIONER ISSUED FROM CARITAS CANCER INSTITUTE, KOTTAYAM Exhibit P8 A TRUE COPY OF THE DEMAND NOTICE DATED 12.12.2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND HIS SON HARISHANKAR