IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 3^RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 WP(C) NO. 2942 OF 2025 PETITIONER:

K. RAJESH AGED 51 YEARS S/O. RAJAN,RESIDING AT CHANDRI NILAYAM, PUVVANTHARA NILOM, P.O. KARAPPARAMBA, KOZHIKKODE TALUK AND DISTRICT., PIN – 673 010.

BY ADVS.

S.K.KRISHNAKUMAR MANEKSHA D.

V.M.MARY HARSHA RESPONDENTS:

1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF COOPERATION, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD, THRIRUVANANTHAPURAM., PIN – 695 014.

2 THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD NO. D2665, TOWN BANK TOWER, AG. ROAD, KOZHIKKODE.

PIN -REPRESENTED BY ITS GENERAL MANAGER, PIN – 673 001.

3 THE GENERAL MANAGER THE CALICUT TOWN SERVICE CO-OPERATIVE BANK LTD. NO. D2665, TOWN BANK TOWER, A.G. ROAD, KOZHIKKODE., PIN – 673 001.

4 THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES SAHAKARANA BHAVAN, P.O. PUTHIYARA, KOZHIKKODE., PIN – 673 004.

5 ARBITRATOR/SPECIAL SALE OFFICER OFFICE OF THE ASSISTANT REGISTRAR(GENERAL) OF CO-OPERATIVE SOCIETIES, TOWN SCB GROUP, SAHAKARANA BHAVAN, P.O. PUTHIYARA, KOZHIKKODE, PIN – 673 004.

BY ADVS.

V.V.SURENDRAN P.A.HARISH(K/000392/1991)

SANIKA.V.S.(S-1620)

DONA PAUL(K/001661/2018)

SHILPA K.(K/1843/2023) V. K. SUNIL, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The loan availed by the petitioner from the 2^nd respondent Society fell in arrears on account of default in payment of instalments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Ext.P1 is the arbitration Award. Pursuant to Ext.P1, Ext.P3 sale notice was issued to the petitioner. Challenging Exts.P1 and P3, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the 2^nd respondent to permit him to discharge his liabilities in 30 equal monthly instalments.

2. This Court, on 27.01.2025, ordered that if sale takes place pursuant to Exts.P1 and P3, its confirmation shall stand deferred for a period of one month.

3. When this writ petition was taken up for consideration on 27.02.2025, the learned Counsel for the Society submitted that the mortgaged property was sold in auction and the Society has bid the said property. However, the sale is not confirmed. It was further submitted that, as on 31.01.2025, an amount of Rs.21,03,499/- was outstanding in the loan account of the petitioner and the petitioner can be permitted to pay the said amount in instalments.

4. When the matter came up for further consideration today, the learned Counsel for the petitioner submitted that the petitioner is willing to pay an amount of Rs.6 Lakhs on or before 30.03.2025 and the balance amount, in 15 equal monthly instalments.

5. In the facts and circumstances of the case, this writ petition is disposed of with the following directions:-

a) The petitioner shall pay an amount of Rs.6,00,000/- (Rupees Six lakhs only) on or before 30.03.2025 and the balance amount outstanding as on 31.03.2025 shall be paid along with accrued interest and applicable charges in 15 equal monthly instalments commencing from 01.05.2025.

b) If the petitioner defaults payment of any of the instalments, it will be open to the Society to proceed against him in accordance with law.

c) To enable the petitioner to pay the amount/ instalments as aforesaid, all coercive proceedings against the petitioner shall stand deferred.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ APPENDIX OF WP(C) 2942/2025 PETITIONER’S EXHIBITS EXHIBIT P-1 A TRUE COPY OF THE AWARD DATED 22.08.2018 PASSED BY THE 5TH RESPONDENT IN ARC NO. 1893 OF 2021.

EXHIBIT P-2 A TRUE COPY OF THE CIRCULAR NO. 53 OF 2014 DATED

24-11-2014 ISSUED BY THE LST RESPONDENT.

EXHIBIT P-3 TRUE COPY OF THE SALE NOTICE DATED 20.12.2024 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.