IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 5021 of 2006(W) ------------------------- PETITIONER: ------------ ALIPPILLA MUHAMMED, AGED 80 YEARS, S/O.ALIPPILLA, KHADIJA MANZIL, MUKALEL HOUSE, KOOVALLOOR P.O., PALLARIMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.VIJAI MATHEWS RESPONDENTS: ------------- 1. THE PALLARIMANGALAM SOAP & LEATHER WORKERS INDUSTRIAL CO.OP.SOCIETY LTD.NO.E.37, PALLARIMANGALAM P.O., REPRESENTED BY ITS SECRETARY. 2. KERALA KHADI & VILLAGE INDUSTRIES BOARD, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 3. DEPUTY TAHSILDAR (RR), MUVATTUPUZHA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA FOR R3 R2 BY S.C. MR. V.V. JOSHY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 5021 OF 2006 W = = = = = = = = = = = = = = = = = Dated this the 23rd day of July 2008 J U D G M E N T Petitioner was the President of the 1st respondent Society. As guarantor to the loan availed of by the 1st respondent from the 2nd respondent, petitioner had executed a personal guarantee to the 2nd respondent. Eventually, the society was wound up and default was committed. It would appear that the 2nd respondent initiated proceedings for recovery and disposed of the assets of the society as well. 2. Thereafter, for the amount that was still due, recovery proceedings were initiated against the petitioner. At that stage, petitioner and others had filed an original petition before this Court as O.P. No. 615/95. That O.P. was disposed of by Ext. P1 judgment giving freedom to the petitioner to pursue his request for waiver of the penal interest. According to the petitioner, thereafter he submitted Ext. P2 request for the benefit of waiver of penal interest W.P.(C) No. 5021 OF 2006 -2- as also for the benefit of one time settlement. This was responded by the 2nd respondent by Ext. P3 offering the benefit of one time settlement to the petitioner, on payment of Rs.2,40,969/-. 3. Petitioner submits that since Ext. P3 was received belatedly, he could not avail of the benefit of Ext. P3. It is thereafter that, when recovery proceedings were initiated, he approached this Court by filing this writ petition. At the stage of admission of this writ petition, this Court passed an interim order dated 20.2.2006 granting stay of recovery proceedings against the petitioner on condition that he pays Rs.60,000/-. Counsel for the petitioner submits that this direction has been complied with and payment has been made on 6.3.2006. 4. Now all that is sought for by the petitioner is that his request for waiver of the penal interest may be considered by the 2nd respondent and he may be permitted to pay off the balance liability. 5. Though service has been complete on the respondents so far none has entered appearance on behalf of the 2nd respondent. 6. Having regard to the facts as above, I feel that the request of the petitioner to direct the 2nd respondent to consider his prayer W.P.(C) No. 5021 OF 2006 -3- for waiver of penal interest is reasonable and I direct that the petitioner shall make a representation in this behalf to the 2nd respondent within 3 weeks from today and on receipt thereof the 2nd respondent shall consider his request and pass orders thereon. 7. It is directed that if the petitioner makes a representation as above, until orders are passed thereon the interim order dated 20.2.2006 will remain in force. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-