IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 20875 of 2010(H) ---------------------------------------- PETITIONER(S): ------------------------- 1. BIJU K.RAJAN, ANUGRAHA, TC 13/337, THIRUMALA, POOJAPPURA, THIRUVANANTHAPURAM. 2. KAMALADEVI, RUGMA, TC 17/859, CHITHRA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.SUJESH KUMAR RESPONDENT(S): --------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. SPECIAL SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. REPRESENTATIVE AND SALESMAN CO-OPERATIVE SOCIETY (REPSCO), EAST FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.20875 OF 2010 ............................................ DATED THIS THE 6th DAY OF JULY, 2010 JUDGMENT The petitioner has filed this writ petition challenging Ext.P4 recovery notice issued by the third respondent, demanding certain amounts due as per an award of the second respondent in ARC No.218 of 2010. The petitioners are members of the fourth respondent, Co- operative Society. They had availed a loan on 20.9.2006. However, they could not repay the instalments regularly, due to financial problems. Since there was default in payment of the instalments, the Bank instituted ARC No.218 of 2010 for recovery of the amounts due from the petitioners. The petitioners were directed to appear before the second respondent on 25.3.2010. However, the second petitioner's husband was hospitalized due to a kidney problem and therefore she could not appear before the second respondent on the said date. The petitioners also could not engage a lawyer to represent them on the said date. Consequently, the second petitioner's husband succumbed to his ailments on 28.5.2010. Since there was no appearance for the Wpc 20875/2010 2 petitioners on 25.3.2010, an exparte award was passed on the said date. However, it is submitted that no copy of the award or the gist thereof has been served on the petitioners so far. Pursuant to the award, the third respondent has issued Ext.P4 demand notice threatening to recover the award amount by initiating coercive proceedings against the petitioners. Though the petitioners have filed Ext.P5 application for setting aside the exparte award, it is submitted that no orders have been passed thereon, till date. The petitioners have also filed a petition for stay, Ext.P6, which is also pending. The petitioners seek appropriate directions for an early disposal of Exts.P5 and P6 and for keeping in abeyance of all further proceedings pursuant to Ext.P4. 2. In view of the limited relief that is sought for, I do not think it necessary to issue notice to the respondents. It is sufficient that the proceedings to consider and dispose of Exts.P5 and P6 are directed to be expedited. The learned Senior Government Pleader also has no objection to the above course. 3. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the petitions filed by the Wpc 20875/2010 3 petitioners evidenced herein by Exts.P5 and P6, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible. Until final orders are passed on Exts.P5 and P6, further proceedings to recover the amount demanded from the petitioners as per Ext.P4 shall be kept in abeyance. K.SURENDRA MOHAN, JUDGE lgk