IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31972 of 2008(F) --------------------------------------------- PETITIONER(S): ------------------------- SUBAIDHA BEEVI SUJIR MANZIL, PUNAKKANNUR, ELAMPALLOOR, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------------------- 1. THE MANAGER, KOLLAM DISTRICT CO.OPERATIVE BANK LTD., KUNDARA BRANCH, KOLLAM. 2. THE SPECIAL SALE OFFICER, KOLLAM DISTRICT CO.OPERATIVE BANK LTD., KOLLAM. ADV. SRI.B.VINOD SC KOLLAM DIST CO-OPERATIVE BANK FOR R1 GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------- W.P.(C.) No. 31972 of 2008 --------------------------------- Dated, this the 3rd day of November, 2008 J U D G M E N T The petitioner, a widow, aged 55 years, has a daughter aged about 26 years, with 65% disability due to mental retardation, going by Ext.P2 disability certificate. She availed a cash credit facility from the 1st respondent offering an item of property as security. She ought to have repaid the entire amount with interest by 27/05/2000. As on 31/03/2005, an amount of Rs.3,31,460/- was outstanding. She did not repay that amount. As a consequence, an arbitration award was issued against her, and she is facing execution proceedings pursuant to that award. With the accruals, the total outstanding would be an amount of about Rs.5 to 6 lakhs. There is no jurisdictional error or legal infirmity in the impugned proceedings. Ultimately, giving up all other contentions, the petitioner, through her learned counsel, has sought for an opportunity of six months as a WP(C) No.31972/2008 -2- last chance to pay off all the entire amounts. The learned counsel for the petitioner states that, as of now, the petitioner's son has got an employment abroad. In the aforesaid context, this writ petition is ordered directing that, if the petitioner remits, an amount of Rs.50,000/- within a period of three months from today, and, the entire remaining outstanding including accruals within a further period of three months, further proceedings pursuant to attachment and sale of petitioner's property will stand deferred and dropped ultimately on satisfaction. Any request of the petitioner for slashing the total outstanding by reducing the interest or penal interest would be considered, sympathetically, by the Bank, treating the case of the petitioner as an exceptional one, on facts. If there is any default in remitting any of the amount as aforesaid, the benefit of this judgment will stand recalled automatically. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) jg