IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 12477 of 2009(D) -------------------------- PETITIONER(S): --------------- SADASIVAN P.S., S/O. SETHUMADHAVAN, PANAMKOLUMBU HOUSE, VITHINASSERY,VALLANGHI, NENMARA,PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITTUR, PALAKKAD DISTRICT. 2. THE SPECIAL SALE OFFICER, PALLASANA S.C.B. GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITTUR, PALAKKAD DISTRICT. 3. PALLASANA SERVICE CO-OPERATIVE BANK LIMITED NO. F 1589, PALLASANA, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY. ADV. SRI.RAJESH SIVARAMANKUTTY FOR R3 MR.I.V.PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12477/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE ORDER DATED 22/08/2007 PASSED IN ARC NO.171/06 BY R1. P2 : COPY OF THE NOTICE DATED 17/01/2009 ISSUED BY R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.12477 of 2009 --------------------------------- Dated, this the 10th day of June, 2009 J U D G M E N T In this writ petition, what is under challenge is Ext.P2, calling upon the petitioner to pay Rs.21,90,226/- in terms of the award passed in ARC No.171/2006. 2. The learned counsel for the respondent Bank informs that as at present, after giving credit to the payments made, the liability of the petitioner is Rs.12,61,399/-. The learned counsel for the petitioner only seeks an instalment facility to discharge the liability. Although, the said prayer is opposed by the learned counsel for the respondent Bank, still having regard to the fact that the petitioner wants to discharge the liability, I am inclined to dispose of the writ petition with the following directions:- That the balance amount that is due to the respondent Bank shall be paid by the petitioner in four equal monthly instalments. The first instalment shall be paid on or before 25/06/2009, and the subsequent instalments shall be paid on or before 25th of every WP(C) No.12477/2009 -2- succeeding months. Subject to the above, coercive action shall be deferred, and in case default is committed, the respondents are free to continue proceedings for recovering their dues. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg