IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 26412 of 2008(T) ---------------------------------------- PETITIONER: --------------------- P.K.CHANDRAN, AGED 60 YEARS, S/O.KUMARAN, PERATH HOUSE, P.O.PADIYAM, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED NO.60, KOVILAKATHUPADAM, THRISSUR, REPRESENTED BY ITS GENERAL MANAGER. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LIMITED, KOVILAKATHUPADAM, THRISSUR. ADV. SRI.V.G.ARUN,SC,THRISSUR DIST.CO-OP BAN FOR R1 SRI.T.R.HARIKUMAR,SC,THRISSUR DIST.CO.O FOR R1 GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26412 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of October, 2008. JUDGMENT The petitioner challenges proceedings covered by Exts.P1 to P3, in terms of the provisions of the KCS Act and Rules for recovery of outstandings due under different heads of accounts, arbitration awards and execution proceedings. Arbitration awards passed in proceedings which commenced in 2000, have become final. Execution proceedings have been initiated. There is no jurisdictional error or legal infirmity in those actions. On 3-9-2008, an order was issued directing that recovery proceedings will stand suspended if an amount of Rs.10 lakhs is deposited on or before 20-9-2008. Such amounts have not been deposited. Therefore, the petitioner has also WP(C)26412/08 -: 2 :- demonstrated that he will not be able to pay off the outstandings and avoid distress action. In the aforesaid circumstances, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/031008