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. 17666 OF 2024 PETITIONER:

SHYAM T.S, AGED 46 YEARS S/O SUBRAMANIAN THACHAKKARATHUNDIYIL HOUSE, LANE NO.40, JANATHA ROAD, VYTTILA, ERNAKULAM, PIN - 682019 BY ADVS.

P.ARDRA MENON ARCHANA VINOD ABISHA.E.R RESPONDENTS:

1 THE AUTHORIZED OFFICER/SALE OFFICER URBAN CO-OPERATIVE SOCIETIES LTD., VYTTILA BRANCH, PONNURUNNI, VYTTILA, ERNAKULAM, PIN - 682019

2 THE MANAGER URBAN CO-OPERATIVE SOCIETIES LTD., VYTTILA BRANCH, PONNURUNNI, VYTTILA, ERNAKULAM, PIN - 682019 BY ADVS.

M.PAUL VARGHESE M.M.MONAYE ANJANA SUGUNAN(K/003577/2022)

K.V.SANOSH(K/144/2012)

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 Urban Co-operative Societies Ltd, Vyttila Branch fell in arrears due to default in payment of installments. The Society initiated arbitration proceedings under the Kerala Co-operative Societies Act, 1969. Pursuant to the award, Ext.P2 demand notice was issued. The petitioner has filed this writ petition for direction to the 2^nd respondent to permit him to clear off the entire outstanding amount in reasonable monthly installments.

2. The learned counsel for the 2^nd respondent, on instructions, submits that the outstanding amount in the loan account of the petitioner as on today (28.02.2025) is Rs.14,09,391/- and the petitioner can be permitted to clear off the outstanding amount in reasonable installments.

3. The learned counsel for the petitioner submits that the petitioner may be permitted to pay the outstanding amount in 16 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.14,09,391/- along with accrued interest and applicable charges in 16 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 respondents 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 P1 THE TRUE COPY OF THE PASSBOOK IN LOAN NO. PRL 1196 DATED 11.10.2014 ISSUED BY THE RESPONDENT BANK Exhibit P2 THE TRUE COPY OF THE DEMAND NOTICE UNDER RULE 74(3) OF THE KERALA CO- OPERATIVE SOCIETIES RULE 1969 IN E.P NO. 307 OF 2024 IN ARC NO. 1035 OF 2017 DATED 03.05.2024 ISSUED BY THE

1ST RESPONDENT