IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 32458 of 2009(B) -------------------------- PETITIONER(S): --------------- SINDU JUDE, W/O.JUDE, AGED 37 YEARS, MALIAKAL HOUSE, KONTHURUTHI, THEVARA P.O., ERNAKULAM. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR, KANAYANNUR TALUK CO-OPERATIVE SOCIETY, ERNAKULAM. 2. THE INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATION AND EXECUTION, KANAYANNUR, KOCHI-16. 3. THE THEVARA URBAN CO-OPERATIVE SOCIETY E-784, THEVARA, ERNAKULAM REPRESENTED BY ITS SECRETARY. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM ADV. SRI.P.GEORGE VARGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 32458 of 2009 ================== Dated this the 14th day of December, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from her to the 3rd respondent Co-operative Society. The petitioner is challenging recovery proceedings for recovery of the defaulted loan amounts. At the time of admission, taking a lenient view, I granted an interim stay for one month on condition that the petitioner pays an amount of Rs.1 lakh within that time. The counsel for the petitioner today submits that the said amount has not been paid. In such circumstances, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. Even otherwise, if the petitioner has any grievance regrading recovery proceedings, the remedy of the petitioner lies in approaching the arbitrator under Section 69 of the Kerala Co-operative Societies Act. Therefore, without prejudice to such right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2