2025:KER:27262 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. 46005 OF 2024 PETITIONERS: 1 K. ASMABI AGED 44 YEARS W/O. K.M. MUHAMMED RAFT, MALAYIL HOUSE, MAKKADA AMSOM DESOM, P.O. KAKKODI, KOZHIKKODE TALUK AND DISTRICT, PIN – 673 611. 2 K.M. MUHAMMED RAFI AGED 55 YEARS S/O. IBRAHIM, MALAYIL HOUSE, MAKKADA AMSOM DESOM, P.0. KAKKODI, KOZHIKKODE TALUK AND DISTRICT, PIN – 673 611. BY ADVS. S.K.KRISHNAKUMAR V.M.MARY HARSHA RESPONDENTS: 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO OPERATION, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM, PIN – 695 014. 2 THE GENERAL MANAGER, THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD NO. D2665, TOWN BANK TOWER, A.G. ROAD, KOZHIKODE, PIN – 673 001. 3 THE INSPECTOR OF CO-OPERATIVE SOCIETIES KOZHIKODE TALUK, OFFICE OF THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, SAHAKARANA BHAVAN, P.O. PUTHIYARA, KOZHIKODE, PIN – 673 004. 2025:KER:27262 WP(C) NO.46005 OF 2024 2 4 ARBITRATOR CUM SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, TOWN SCB GROUP, SAHAKARANA BHAVAN, P.O. PUTHIYARA, KOZHIKODE, PIN – 673 004. BY ADVS. SRI. SANIL CHANDRAN K.V. SREEJITH K. SMT. MABLE C KURIAN – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27262 WP(C) NO.46005 OF 2024 3 JUDGMENT The loan availed by the 1st petitioner from the Calicut Town Service Co-operative Bank Ltd. fell in arrears. The 2nd petitioner, her husband, is the guarantor. The Society initiated recovery proceedings against them under the Kerala Co- operative Societies Act, 1969. Pursuant to the arbitration Award, Ext.P3 sale notice was issued to the petitioners. Challenging Ext.P3, the petitioners have filed this writ petition. Though the petitioners have raised various contentions in the writ petition, when the matter is taken up for consideration today, the learned counsel for the petitioners limits the prayer for a direction to the 2nd respondent to permit the petitioners to 2025:KER:27262 WP(C) NO.46005 OF 2024 4 discharge their liabilities in thirty equal monthly installments. 2. Sri.K.V.Sanil Chandran, the learned counsel for the 2nd respondent submits that, as on today (28.03.2025), an amount of Rs.43,21,923/- is outstanding in the loan account of the petitioners and the petitioners can be permitted to pay the said amount in reasonable installments. 3. The learned counsel for the petitioners submits that the petitioners may be permitted to pay the outstanding amount in eighteen 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.43,21,923/- 2025:KER:27262 WP(C) NO.46005 OF 2024 5 in eighteen equal monthly installments commencing from 02.05.2025 along with accrued interest and applicable charges. If the petitioners default payment of any of the installments, it will be open to the 2nd respondent 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 Ext.P3 shall stand deferred. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27262 WP(C) NO.46005 OF 2024 6 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 22.08.2018 PASSED BY THE 3RD RESPONDENT IN ARC NO. 6074 OF2022. EXHIBIT P2 A TRUE COPY OF THE CIRCULAR NO. 53 OF 2014 DATED 24-11-2014 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P3 A TRUE COPY OF THE SALE PROCLAMATION DATED 22.11.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS. RESPONDENT S EXHIBITS : NIL.