2025:KER:28819 WP(C) No.44495 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2 ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 44495 OF 2024 PETITIONERS: 1 SHAMSUDEEN AGED 63 YEARS S/O MOHAMMED ISMAIL, IFNASH BUILDING, AYROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695310 2 SHEEBA BEEVI AGED 61 YEARS D/O SAINABA BEEVI, IFNASH BUILDING, AYROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695310 3 SHAHANA AGED 27 YEARS D/O SHEEBA BEEVI, IFNASH BUILDING, AYROOR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695310 BY ADVS. R.T.PRADEEP M.BINDUDAS NIRANJAN T. PRADEEP RESPONDENTS: 1 ASSISTANT REGISTRAR (GENERAL) OFFICE OF ASSISTANT REGISTRAR (GENERAL), VARKALA, VARKALA P.O., THIRUVANANTHAPURAM, PIN - 695141 2025:KER:28819 WP(C) No.44495 of 2024 2 2 SPECIAL SALE OFFICER/JUNIOR CO-OPERATIVE INSPECTOR AYIROOR – NAVAIKULAM S.C.B. GROUP, OFFICE OF ASSISTANT REGISTRAR (GENERAL), VARKALA, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695141 3 AYIROOR VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO.4267 REPRESENTED BY ITS SECRETARY, ELAKAMON P.O., AYIROOR, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695310 4 SECRETARY AYIROOR VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO.4267, ELAKAMON P.O., AYIROOR, VARKALA, THIRUVANANTHAPURAM DISTRICT, PIN - 695310 BY ADVS. T.C.SURESH MENON, SC. B.DEEPAK(K/532/2012) ANNA ROSE(K/003341/2024) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28819 WP(C) No.44495 of 2024 3 JUDGMENT The petitioners had availed three separate loans from the 3 rd respondent Society. They defaulted payment of instalments. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the Arbitration Awards, Exts.P1 to P3 sale notices were issued to the petitioners. The petitioners have filed this writ petition challenging Exts.P1 to P3. They have also sought for a direction to the 3 rd respondent to permit them to pay the outstanding amounts in the three loan accounts in 30 equal monthly instalments. 2. Sri.T.C Suresh Menon, the learned counsel for the Society, on instructions, submits that a total amount of Rs.51,43,390/- is outstanding in the three loan accounts of the petitioners as on today and indulgence can be shown to them provided they pay the said amount in 12 equal monthly instalments. 3. The learned counsel for the petitioners submits that the petitioners are in financial constraints as they had incurred huge 2025:KER:28819 WP(C) No.44495 of 2024 4 liability in conducting the marriage of the daughter of petitioners 1 and 2, and they may be permitted to pay the outstanding amount in 30 equal monthly instalments. 4. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the petitioners to pay the outstanding amount of Rs.51,43,390/- in 25 equal monthly instalments commencing from 05.05.2025, along with accrued interest and applicable charges. It is made clear that the instalments as aforesaid shall be made equally in respect of the three loan accounts. 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 to P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:28819 WP(C) No.44495 of 2024 5 APPENDIX OF WP(C) 44495/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF SALE NOTICE DATED 11.11.2024 AS REGARD THE AWARD IN ARC NO.1801/18 IN E.P. NO.73/2022 FOR AN AMOUNT OF RS.18,74,778/- BY PUTTING UP THE PROPERTY FOR SALE ON 19.12.2024 ISSUED BY 2ND RESPONDENT TO THE 2ND AND 1ST PETITIONERS Exhibit P2 TRUE COPY OF SALE NOTICE DATED 11.11.2024 AS REGARD THE AWARD IN ARC NO.1800/18 IN E.P. NO.74/2022 FOR AN AMOUNT OF RS.21,14,795/- BY PUTTING UP THE PROPERTY FOR SALE ON 19.12.2024 ISSUED BY 2ND RESPONDENT TO THE 1ST PETITIONER Exhibit P3 TRUE COPY OF SALE NOTICE DATED 11.11.2024 AS REGARD THE AWARD IN ARC NO.1799/18 IN E.P. NO.75/2022 FOR AN AMOUNT OF RS.18,74,778/- BY PUTTING UP THE PROPERTY FOR SALE ON 19.12.2024 ISSUED BY 2ND RESPONDENT TO THE 3RD AND 1ST PETITIONERS