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2025 Supreme(Online)(Ker) 52043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
VASANTHAKUMARI – Appellant
Versus
THE ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA SAMSTHANA SAHAKARANA HOUSING FEDERATION – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.R.JAYAKUMAR, SRI.NOBEL RAJU, SMT.SANDRA SREEKUMAR
For the Respondents: SMT.PREEJA V.P.

JUDGMENT

Petitioner is the co-borrower in respect of the housing loan availed by the 3rd respondent (who is none other than the son of the petitioner) from the respondent bank. On default being committed, proceedings were initiated against the petitioner under the provisions of the Kerala Co-operative Societies Act , 1969, leading to the issuance of Exhibit P1 notice. This prompted the petitioner to approach this Court by filing the above writ petition.

2. Learned counsel appearing for the petitioner would submit that the petitioner could not repay the loan on account of financial stringency . It is submitted that the petitioner may be permitted to clear the overdue amount in some instalments.

3. Heard the learned counsel appearing for the respondent bank also. Learned counsel appearing for the respondent bank would submit that, the overdue amount, as on 20.11.2025, is Rs.9,81,000/- (Rupees Nine lakhs and eighty one thousand only) and the respondent bank has no objection in granting some reasonable instalments to the petitioners to clear the overdue amount provided a substantial amount is paid immediately.

4. Having regard to the circumstances of the case and the submissions made as

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