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. 4377 OF 2025 PETITIONER:

MARIYAMMA AGED 63 YEARS W/O. A.C. ABBAS, CHEDIKUNDU HOUSE, ADHOOR POST AND VILLAGE, KASARAGOD DISTRICT, PIN – 671 543.

BY ADVS.

S.JIJI M.M.BABY RESPONDENTS:

1 THE KADAKAM SERVICE CO-OPERATIVE BANK LTD.

NO. C-99, MULLERIA POST, KARADUKKA VILLAGE, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY, PIN – 671 543.

2 THE SPECIAL SALE OFFICER (JOINT CO-OPERATIVE INSPECTOR)

KASARAGOD SSB GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, CIVIL STATION COMPLEX, VIDYANAGAR P.O., KASARAGOD, PIN – 671 123.

BY ADV M.SASINDRAN 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

1^st respondent Society fell in arrears on account of default in payment of installments and the Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to Ext.P1 Award, Ext.P3 pre-sale notice was issued to the petitioner. Challenging Ext.P3, the petitioner has filed this writ petition. The petitioner has also sought for a direction to the respondents to permit her to pay the overdue amount in installments.

2. The learned counsel for the Society, on instructions, submitted that, as on today (03.03.2025), an amount of Rs.9,48,626/- is outstanding in the loan account 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 amount in eighteen 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.9,48,626/- in eighteen equal monthly installments commencing from 01.04.2025 along with accrued interest and applicable charges. If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against her for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against her pursuant to Ext.P3 shall stand deferred.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR APPENDIX PETITIONER ’ S EXHIBIT S:-

EXHIBIT P1 TRUE COPY OF THE AWARD DATED 26-04-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN ARC NO. 1171/2022.

EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 18-03-2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 25-01-2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDEN T S EXHIBIT S: NIL.