IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28^TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946 WP(C) NO. 3595 OF 2025 PETITIONER:

RAJU, AGED 54 YEARS S/O VASUDEVAN, MARATTU HOUSE, NATTIKKA VILLAGE, CHAVAKKAD, THRISSUR, PIN - 680564 BY ADV DILIP J. AKKARA RESPONDENTS:

1 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-

OPERATIVESOCIETIES, CHAVAKKAD, THRISSUR, PIN - 680506

2 NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD NO. F 1251, H.O. VALAPPAD, TRIPRAYAR, THRISSUR, REPRESENTED BY MANAGER, PIN - 680567

3 SPECIAL SALE OFFICER THE NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD NO.1251, H.O. VALAPAD, OFFICE OF ASST.

REGISTRAR (G) OF CO-OPERATIVE SOCIETIES, CHAVAKKAD, THRISSUR, PIN - 680506 BY ADV M.SASINDRAN .

R BY GP SMT.RESMI THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.02.2025, 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 due to non payment of installments. The Society initiated arbitration proceedings under the Kerala Co- operative Societies Act, 1969. Pursuant to the arbitration award, Ext.P2 sale notice was issued. Challenging Ext.P2, the petitioner has filed this writ petition. The petitioner has also sought for direction to the Society to permit him to pay off the loan amount in 20 installments.

2. The learned counsel for the Society, on instructions, submits that, as on 22.02.2025, an amount of Rs.14,86,335/- 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 outstanding amount in 20 equal monthly installments.

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

(1) The petitioner shall pay the outstanding amount of Rs.14,86,335/- along with accrued interest and applicable charges in 20 equal monthly installments commencing from 01.04.2025.

(2) If the petitioner defaults payment of any of the installments, it will be open to the Society to proceed against him, for the recovery of the amount in accordance with law.

(3) To enable the petitioner to remit the installments, all coercive proceedings against him shall stand deferred.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB APPENDIX PETITIONER EXHIBITS Exhibit P-1 PHOTOCOPY OF JUDGMENT DATED 11-07-2024 IN W.P.(C). 22794/2024 Exhibit P-2 PHOTOCOPY OF SALE NOTICE DATED 2-12-2024 IN E.P. NO. 593/23 IN ARC NO. 203/2020 ISSUED BY 3RD RESPONDENT