IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 8989 of 2009(P) ------------------------- PETITIONER(S): --------------- 1. SUMESH S., THANNIPPARAVADAKKEL, POONJAR P.O., KOTTAYAM DISTRICT. 2. RAJI VENKITACHALAM, KUREEKATTIL HOUSE, KIDANGOOR P.O., KOTTAYAM. 3. VENU E.T., VAYALATTIL HOUSE, KIDANGOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.ROY CHACKO RESPONDENT(S): --------------- 1. THE KOTTAYAM DISTRICT CO-OP. BANK LTD., KOTTAYAM, PALA MAIN BRANCH, PALA, REP. BY ITS EXECUTIVE OFFICE. 2. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, KOTTAYAM. 3. THE ASST. REGISTRAR (GENERAL) OF CO-OP. SOCIETIES, KOTTAYAM. 4. SPECIAL SALE OFFICER, DIST. CO-OP. BANK LTD., KOTTAYAM. ADV. SRI.T.A.SHAJI FOR R1 & 4 GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C. NO.8989/2009 ---------------------------------------------------------------- EXT.P1 TRUE COPY OF A.R.C. NO. 29/2007. EXT.P2 AWARD IN A.R.C.NO. 29/2007. EXT.P3 PASS BOOK SHOWING REMITTANCES MADE BY 1ST PETITIONER. EXT.P4 DEMAND NOTICE DT. 12-3-2009. EXT.P5 TRUE COPY OF CLAIM PETITION. EXT.P6 TRUE COPY OF AWARD. EXT.P7 TRUE COPY OF PASS BOOK. EXT.P8 DEMAND NOTICE DT. 12-3-2009. EXT.P9 TRUE COPY OF CLAIM PETITION. EXT.P10 TRUE COPY OF AWARD PASSED BY R2. EXT.P11 TRUE COPY OF PASS BOOK. EXT.P12 TRUE COPY OF DEMAND NOTICE. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8989 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th October, 2009. J U D G M E N T The petitioners in this writ petition are defaulters in repayment of loan amounts due to the 1st respondent-bank. The 1st respondent- bank has initiated recovery proceedings , which are under challenge in this writ petition. The petitioners do not dispute the liability to pay or the quantum. They seek only facility to pay the amounts in instalments. 2. On 20-3-2009, this Court passed the following interim order: “Notice and interim stay on condition that each among the petitioners remit @ Rs. 7500/- per month payable on or before 28th of every month commencing from March, '09. If there is default in remitting any of the instalments as aforesaid, the benefit of this order will stand recalled automatically.” Admittedly, the petitioners have not complied with the same. 2. Now the learned counsel for the petitioners submits that in respect of the same loan transaction, certain cheques issued by the petitioners have bounced, for which proceedings under Section 138 of the Negotiable Instruments are in progress, in which the petitioners have opted for plea-bargaining, seeking time to pay off the amounts. Counsel for the petitioners expects favourable orders in this regard from the Magistrate's court. Therefore, the petitioners submit that recovery proceedings may be stayed till the Magistrate passes orders. 3. I do not think that in view of the fact that the liability is admitted and the petitioners have not cared to comply with the interim order dated 20-3-2009, the petitioners are entitled to any further indulgence from this Court. However, it is for the petitioners W.P.C. No. 8989/2009 -: 2 :- to pursue their remedies before the Magistrate's Court. Accordingly, leaving the petitioners to seek their remedies in the Magistrate's Court, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/