IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 19100 of 2008(W) -------------------------- PETITIONER(S): --------------- K.M.BASHEER, S/O.MOHAMMED HAJI, KOORIMANNIL HOUSE, MUNDUPARAMBU, MALAPPURAM. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENT(S): --------------- 1. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, PERINTHALMANNA. 2. THE MANAGER, PERINTHALMANNA URBAN CO-OPERATIVE BANK, MALAPPURAM. R1 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV. SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.19100/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF ORDER DATED 29.2.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P2: TRUE COPY OF RECEIPT DATED 31.3.2008. EXT.P3: TRUE COPY OF RECEIPT DATED 31.3.2008. EXT.P4: TRUE COPY OF RECIEPT DATED 31.3.008. EXT.P5: TRUE COPY OF RECEIPT DATED 24.3.1008. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 11.6.08 SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19100 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The petitioner availed a business loan in the form of Over Draft facility. Remittances were not duly made. This led to arbitration proceedings under the Kerala Co-operative Societies Act, 1969 and resultant execution proceedings. As per Ext.P1, certain concessions were granted for repayment by way of One Time Settlement. Ext.P1 no more survives as no payment was made within the time stipulated therein. Following the interim order, only an amount of Rs.35,000/- has been remitted as the first instalment thereunder. No subsequent payments were made. In the aforesaid circumstances, no direction need be issued to the bank to consider any representation of the petitioner for instalment facility. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.