IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 22514 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. S.RADHAKRISHNA PILLAI,S/O. SUKUMARA PILLAI, CHARUVILA PUTHENVEEDU, KURA P.O., VADAKKODU, PATHANAPURAM. 2. T.RAJESH,S/O.THANKAPPAN PILLAI, CHARUVILA VEEDU, KURA P.O. THALAVOOR, PATHANAPURAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, THE KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM. 2. T.PRABHAKARAN PILLAI, S/O. THANKAPPAN PILLI, KEDARAM, KURA P.O., THALAVOOR, PATHANAPURAM. 3. THE ASST.REGISTRAR, DISTRICT CO-OPERATIVE BANK LTD.KOLLAM. SC FOR BANK SRI. B. VINOD BY GOVT. PLEADER SRI. K. RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.22514 OF 2009 ------------------------ Dated this the 7th day of August, 2009. JUDGMENT Heard both sides. 2. Petitioner is a defaulter to the first respondent. The first respondent thereafter obtained an award in ARC.No. 573/08 entitling it to recover the dues. Aggrieved by the award, petitioner moved the Tribunal by filing RP.No.164/09. In I.A. No.186/09 filed along with the revision petition, the Tribunal has passed Ext.P2 order granting stay on deposit of Rs.50,000/-. It is challenging Ext.P2,to the extent the aforesaid condition is imposed, that the writ petition is filed. 3. Interlocutory order is a discretionary order and having regard to the fact that the total amount due from the petitioner is more than Rs.1,60,000/- I do not think that the condition requiring the remittance of Rs.50,000/- WP(c).No.22514/09 2 is a perverse one warranting interference in this proceedings. However, having regard to he financial constraints urged by the counsel for the petitioner, it is directed that if the petitioner makes payment of Rs.50,000/- before 20th of August, 2009, the same will be accepted as duly paid in compliance with Ext.P2. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.22514/09 3