IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WA.No. 2061 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.23200/2009 Dated 18/08/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. T.J.JOSE, THERMADAN HOUSE, PATTIKAD, THRISSUR. 2. JOSEPH J.THERMADAN, THERMADAN HOUSE, PATTIKAD, THRISSUR. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATION CUM SPECIAL OFFICER, SATHABDI MANDIRAM TUBA ROAD, THIRUVAMBADY, THRISSUR. 2. THE BRANCH MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK, PATTIKKAD, THRISSUR DISTRICT. 3. DISTRICT COLLECTOR, THRISSUR DISTRICT. 4. THE PROJECT DIRECTOR & GENERAL MANAGER (TECH) NATIONAL HIGHWAY AUTHORITIES OF INDIA, THUSHARABINDU, NO.337, CHANDRA NAGAR EXTN., NARICODE, PALAKKAD DISTRICT. BY GOVT. PLEADER SMT. A.G. ANEETHA -R1 & R3 ADV. SRI. P.C. SASIDHARAN -R2 ADV. SRI. THOMAS ANTONY-R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2061 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. The appellants are the petitioners in the Writ Petition. They approached this Court aggrieved by the coercive steps taken by the second respondent for recovery of the loan amounts advanced to them. The learned counsel appearing for the bank submits that the appellants/petitioners have not been honouring the terms of the loan agreement and that has resulted in the bank initiating proceedings under Section 69 of the Kerala Co-operative Societies Act. 2. As of now, around Rs.12,00,000/- (Rs. Twelve lakhs only) is due from the appellants. The appellants submit that they are prepared to pay the actual amount due to the bank, given some time. The learned Single Judge had in fact directed the appellants/petitioners to remit an amount of Rs.4,00,000/- immediately and then approach the bank for regularization of the loan. The appellants submit that they could not raise the money for payment, as directed by the learned Single Judge. W.A. NO. 2061/2009 2 3. Be that as it may, since the appellants are prepared to settle the dues, it is for them to approach the bank itself. In order to enable the appellants to work out the relief as above, the coercive steps taken by the bank will be deferred for a period of three weeks. In the event of any such request being filed, the second respondent will consider the request within the said time. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2061/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO. 2061/2009 JUDGMENT 9th October, 2009