IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 35316 of 2010(L) -------------------------- PETITIONER(S): --------------- K.P.BABU, S/O. PAPPU, `KRIPA BHAVAN', RAZZAL PURAM, MARANALLOOR, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM. 2. THE NEYYATTINKARA CO-OPERATIVE BANK, KATTAKKADA BRANCH, REPRESENTED BY ITS MANAGER, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695 572. 3. THE MANAGER, NEYYATTINKARA CO-OPERATIVE BANK, KATTAKADA BRANCH, THIRUVANANTHAPURAM, PIN - 695 572. 4. SPECIAL SALE OFFICER, OFFICE OF THE SPECIAL SALE OFFICER, NEYYATTINKARA CO-OPERATIVE BANK, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121. ADV. SRI.R.T.PRADEEP FOR R2 TO 4 SRI.V.VIJULAL FOR R2 TO 4 GOVERNMENT PLEADER SRI.BASANT BALAJI-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 35316 OF 2010 -------------------------------------------- Dated this the 21st day of December, 2010 JUDGMENT The petitioner has availed a loan of Rs.25,000/- from the second respondent-bank. Default in repayment resulted in coercive steps from the part of the second respondent. The second respondent has filed ARC.NO.499/2008 and obtained a favourable order. Even thereafter, the petitioner did not discharge his liability. Later, Ext.P1 demand notice was issued to the petitioner. On receipt of Ext.P1, the petitioner has submitted Ext.P2 representation before the first respondent. This Writ Petition has been filed alleging inaction on the part of the first respondent in considering the request made by the petitioner as per Ext.P2. 2. I have heard the learned counsel for the petitioner and also the standing counsel appearing for respondents 2 to 4. Admittedly, the petitioner has not successfully challenged the award passed by the Arbitration Court. Therefore, the petitioner cannot escape the liability from discharging the amount in terms of the said award. Evidently, Ext.P1 demand notice has been issued in terms of the award in the arbitration W.P.(C) NO.35316/2010 2 case. It would further reveal that as on 18.11.2010, an amount of Rs.33,880/- was outstanding towards the loan account. Needless to say that the petitioner is bound to pay interest accrued thereon, even thereafter in terms of the award in the arbitration case. When faced with such a situation, the learned counsel for the petitioner submitted that the petitioner would discharge the liability and sought for instalment facility therefor. In view of the rival contentions, this Writ Petition is disposed of as hereunder:- The petitioner shall discharge the entire liability in terms of the award in ARC.NO.499/2008 in ten equal monthly instalments commencing from 15.1.2011. Balance instalments shall be paid on or before 15th day of every succeeding months. In case the petitioner fails to effect prompt payment of instalments as directed above, it will be open to respondents 2 to 4 to take appropriate steps in terms of the award in the arbitration case. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.35316/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.35316/2010 4