IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16279 of 2008(K) -------------------------- PETITIONER: ------------ P.P.XAVIER S/O. PAILY, PULIMOOTTIL PARAMBU, HOUSE NO. 12/1004, PANAYAPPILLY, COCHIN 682 002. BY ADV. SRI.K.A.JALEEL SRI.N.K.POULOSEKUTTY RESPONDENTS: ------------- 1. MATTANCHERRY CO-OPERATIVE BANK LIMITED NO. 687, CHIRATTAPPALAM, COCHIN - 682 001, REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 3. THE HEALTH INSPECTOR CIRCLE NO.X, CORPORATION OF COCHIN, COCHIN -682 006. R1 BY ADV.SRI.S.RAMESH BABU R2, R3 BY SR. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16279 OF 2008 ------------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT Ext.P1 is a demand notice and Ext.P2 is the reply thereto. Ext.P3 followed. If arbitration proceedings are initiated by the creditor Co-operative Bank, any plea of limitation has to be raised before the Arbitrator. However, if proceedings are initiated by the Bank with reference to any agreement under Section 37 of the Kerala Co-operative Societies Act, 1959, there is no period of limitation so long as the agreement subsists and the debt is outstanding. Either way, the petitioner is not entitled to any relief in this writ petition. The writ petition is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.