IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 31954 of 2007(D) ---------------------------------- PETITIONER: --------------- E.K. BALACHANDRAN, CHALIL HOUSE, PERAMBRA, KOZHIKODE. BY ADV. SRI. P.N. MOHANAN RESPONDENTS: ------------------ 1. MEPPAYUR CO-OP.HOUSING SOCIETY LTD.NO. D.1392,MEPPAYUR P.O. KOZHIKODE REPRESENTED BY SECRETARY. 2. MUNSIFF MAGISTRATE COURT , PERAMBRA. 3. JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), KOZHIKODE. BY ADV. SRI. N.L. KRISHNAMOORTHY SRI. K. LAKSHMINARAYANAN SMT. SATHYA SHREEPRIYA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31954 of 2007(D) A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE PASS BOOK. EXT. P2 : COPY OF THE JUDGMENT DATED 17.10.02 IN O.P. NO. 28290/2002. EXT. P3 : COPY OF THE AWARD PASSED ON 09.10.2000 IN ARC. NO. 185/2000 BEFORE THE 3RD RESPONDENT. EXT. P4 : COPY OF THE SALE NOTICE DATED 28.09.2007. EXT. P5 : COPY OF THE CIRCULAR NO. 30/07 DATED 3.5.2007. 1ST RESPONDENT'S EXHIBITS: EXT. R1(A) : COPY OF THE LEDGER ACCOUNTS IN RESPECT OF THE LOAN ACCOUNT OF THE PETITIONER. EXT. R1(B) : COPY OF THE DECREE IN ARC. 185/2000 ON THE FILE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. // True Copy // P.A. to Judge. Acd S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.31954 OF 2007 ---------------------------------------- Dated this the 8th day of January, 2008 JUDGMENT The petitioner is a defaulter in repayment of loan amounts due to the 1st respondent Society. Recovery proceedings are in progress which is under challenge in this writ petition. The petitioner offers to pay off the amounts in instalments. 2. I have heard the learned standing counsel appearing for the 1st respondent also. In the facts and circumstances of the case, I feel that the petitioner can be permitted to pay off the balance amounts due in instalments. 3. Accordingly, I direct the petitioner to pay off the balance amounts due to the 1st respondent, which is the subject matter of this writ petition, in five equal monthly instalments starting from 1.2.2008. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments in time, the 2nd respondent shall not proceed further with the execution proceedings pending before it. However, if the petitioner fails to pay any one W.P.(c)No.31954/07 2 instalment, it would be open to the 1st respondent to file a petition before the 2nd respondent on receipt of which, the 2nd respondent shall proceed further with the execution proceedings. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.31954/07 3