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2025 DAILYLAW 8937 (KER)

BINU.A.E v. THE SPECIAL SALE OFFICER

WP(C)/45219/2024 · 2025-03-26

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25999 WP(C) NO. 45219 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 45219 OF 2024 PETITIONER/S: BINU.A.E AGED 45 YEARS S/O.ELIYAS, AMBAZHACHALIL HOUSE, POOVANCHIRA.P.O THRISSUR DISTRICT, PIN - 680652 BY ADVS. C.D.DILEEP SHYLAJA VARGHESE M.L.REMYA RESPONDENT/S: 1 THE SPECIAL SALE OFFICER CHAZHOOR SCB GROUP, ASSISTANT REGISTRAR (GENERAL) OFFICE, AYYANTHOLE.P.O, THRISSUR DISTRICT., PIN - 680003 2 THE PEECHI SERVICE CO-OPERATIVE BANK LTD.NO.R.935, PATTIKKAD.P.O, THRISSUR DISTRICT. REPRESENTED BY ITS SECRETARY, PIN - 68065 BY ADVS. Nisha George GEORGE POONTHOTTAM (SR.)(K/000570/1979) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25999 WP(C) NO. 45219 OF 2024 2 JUDGMENT The two loans availed by the petitioner from the 2nd respondent Society fell in arrears. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the awards, Exts.P2 and P3 sale notices were issued to the petitioner. The petitioner has filed this writ petition for direction to the 2nd respondent to grant him installment facility to repay the dues covered by Exts.P2 and P3. 2. The learned counsel for the Society, on instructions, submits that, an amount of Rs.42,10,536/- is outstanding in the loan accounts of the petitioner and the petitioner can be permitted to pay the said amount in reasonable installments. 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 15 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the outstanding amount of Rs.42,10,536/- in 15 equal monthly installments commencing from 02.05.2025, along with accrued interest and payable charges. 2025:KER:25999 WP(C) NO. 45219 OF 2024 3 It is made clear that in case of default in payment of any single installment, the petitioner will lose the benefit of this judgment and the respondents can proceed with recovery steps in accordance with law. Writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE GBG 2025:KER:25999 WP(C) NO. 45219 OF 2024 4 APPENDIX OF WP(C) 45219/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE AWARD IN ARC.NO.216/2019 PASSED ARBITRATOR DATED 05.08.2019 Exhibit-P2 A TRUE COPY OF THE SALE NOTICE DATED 08.11.2024 OF THE 1ST RESPONDENT. Exhibit-P3 A TRUE COPY OF THE SALE NOTICE DATED 08.11.2024 OF THE 1ST RESPONDENT.