IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 6061 of 2008(V) ------------------------- PETITIONER: ------------ R.SUJATHA, NELLIKKUNNIL, MALAVILA VEEDU NANDAIVANAM, NEDUMPARAMBU P.O., ALAMKODE TRIVANDRUM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.G.VIDYA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM 3. THE SECRETARY, THE KILIMANOOR CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. T316, KILIMANOOR THIRUVANANTHAPURAM DISTRICT. 4. THE SPECIAL SALE OFFICER, THE KILIMANOOR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. T316, KILIMANOOR THIRUVANANTHAPURAM DISTRICT. R1, R2 & R4 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN R3 BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.6061/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PASS BOOK IN LOAN NO.NF NO.64/00. EXT.P2: TRUE COPY OF THE REPRESENTATION DATED 8.1.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6061 OF 2008 ------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT The petitioner states that she is the wife of one V.Raju, who obtained a loan from a co-operative bank, of which, the third respondent is the secretary. The loan was availed in 2000 and the entire amount of Rupees Two lakhs was disbursed to the loanee. Learned counsel for the bank states that not a pie has been repaid. There is also nothing on record to show that any remittance was made. This means that the petitioner's husband had enjoyed the amount of Rs.2,00,000/- with agreed rate of interest at 15 ½ %, for a term of 10 years and is yet to repay any amount. Ext.P2 is a representation stated to be made by the petitioner to the third respondent, requesting for certain waiver and One Time settlement facilities. The petitioner's husband is working abroad. There is no circumstance shown for any delay in repayment. Even as of now, the period of loan has not run out. This means that any consideration of Ext.P2 could be only if the petitioner makes certain remittances. WPC.6061/08 Page numbers In the aforesaid circumstances, it is directed that Ext.P2 will be taken up, considered and disposed of by the third respondent in accordance with law, if the petitioner remits an amount of Rs.2,00,000/- in eight equal monthly instalments, payable on or before the 25th of every month, commencing from August, 2008 and continues to remit the remaining portion as may be fixed by the society. This judgment does not deter recovery proceedings, if there is default in remitting any of the instalments as aforedirected. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.7/8.