IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 25178 of 2010(V) -------------------------------------- PETITIONER: ------------------- SMT.M.SAKKEENA, MEKKOTH HOUSE, P.O. KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS. RESPONDENTS: ------------------------ 1. THE SECRETARY, KUNNAMANGALAM CO-OPERATIVE RURAL HOUSING SOCIETY, KARANTHOOR P.O., KOZHIKODE. 2. THE JOINT REGISRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) KOZHIKODE, PIN – 673 001. R1 BY ADVS. SRI.A.K.CHINNAN, SMT.SUSAL A. CHINNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.25178 OF 2010 -------------------------------------------- Dated this the 26th day of October, 2010 JUDGMENT The petitioner submits that she has availed a housing loan of Rs.2,00,000/- only, from the first respondent -society. Even with respect to the loan amount, there is a dispute as the learned standing counsel appearing for the first respondent submits that actually, the petitioner had availed a loan of Rs.3,00,000/- from the first respondent. In view of the order I propose to pass in this Writ Petition, there is no need to look into such disputatious facts and also the merits of the various contentions. The learned counsel for the petitioner submits that the petitioner is prepared to clear off the entire arrears outstanding towards the said loan account and did not want to contest on other matters. According to the petitioner, she is entitled to get the benefit of one time settlement. However, the learned standing counsel for the first respondent submits that on account of the continued default of the petitioner, an arbitration case was filed by the first respondent and an award was also passed therein. Evidently, the petitioner also admits the said position. The first respondent has already filed an execution petition based on the said award. In the light of the rival W.P.(C) NO.25178/2010 2 submissions, this Writ Petition is disposed of, without making any observations as to the merits of the rival contentions, granting liberty to the petitioner to approach the first respondent with a petition seeking the benefit of one time settlement and also undertaking to pay off the amount outstanding towards the loan account within a period of two weeks from the date of receipt of a copy of this judgment. In case the petitioner files such an application for one time settlement, the first respondent shall consider the same and pass orders thereon within a period of one month thereafter. Subject to the same, the petitioner shall also be informed of the actual outstanding amount before taking coercive steps for realisation of the amount outstanding towards the loan account. To enable the petitioner to clear off the liability in terms of the directions, the execution petition filed by the first respondent for executing the award be kept in abeyance for a period of two months. It is made clear that in case of failure on the part of the petitioner to discharge the debt even thereafter, it will be open to the first respondent to pursue the execution petition, in accordance with law. This Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.25178/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.25178/2010 4