IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25415 of 2008(A) --------------------------------------- PETITIONERS: ---------------------- 1. SAVITHRI, W/O KUTTAPPAN, AGED 78 YEARS, RAVEENDRA VILASAM, THENMALA KOLLAM. 2. SURESH KUMAR, S/O KUTTAPPAN, AGED 38 YEARS, REVEENDRA VILASAM, THENMALA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: -------------------------- 1. THE URUKUNNU SERVICE COOPERATIVE BANK, Q 190, THENMALA, KOLLAM, REPRESENTED BY THE SECRETARY. 2. THE SPECIAL SALE OFFICER, THE URUKUNNU SERVICE COPERATIVE BANK, INSPECTOR OF CO-OPERATIVE SOCIETIES, ASST. REGISTRAR'S OFFICE, PUNALUR, KOLLAM. 3. ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCITIES, PUNALUR, KOLLAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25415 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008. JUDGMENT Having regard to the nature of the orders being issued hereunder, notice to the first respondent is dispensed with preserving right to move for review of this judgment, if aggrieved. Learned Senior Government Pleader takes notice for respondents 2 and 3. Petitioners, mother and son, face recovery proceedings on the basis of an arbitration award under the Kerala Co-operative Societies Act, 1969. Faced with Ext.P2 execution proceedings, they moved Ext.P3 before the authorities of the creditor society and filed Ext.P4 before the Debt Relief Commission on the ground that Vanila and other cultivations failed and they are unable to pay off the loans availed by them for WP(C)25415/2008 -: 2 :- agricultural purpose, from the first respondent bank. Ext.P4 is dated 8-8-2008 and there is nothing to show that it was actually registered with the Commission which has sufficient authority to pass interim orders if and when found necessary. I may also notice that such orders are being passed by the Commission and there is no reason why the petitioner should not take recourse to such remedy. Awaiting any such order from the Commission, as of now, the impugned execution proceedings will stand deferred for three months, if the petitioners remit an amount of Rs.25,000/- within two weeks. All further concessions will depend upon any decision that the Commission may take on Ext.P4. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220808