IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 34440 of 2008(Y) -------------------------- PETITIONER(S): --------------- P.P. JOSEPH, AGED 56 YEARS, S/O. P.V. PANOOSE, PANACHICKAL HOUSE, THAZHATHU VADAKARA, VELLAVOOR, CHANGANACHERRY, KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OP SOCIETIE(G) KOTTAYAM. 2. THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES, (G) KOTTAYAM. 3. THE GENERAL MANAGER, THE KOTTAYAM DIST CO-OP BANK LTD., KOTTAYAM. 4. THE SECRETARY TO GOVERNMENT CO-OP. DEPARTMENT, THIRUVANANTHAPURAM. 5. THE SPECIAL SALE OFFICER FOR DISTRICT CO-OP BANK, KOTTAYAM. R1, R2, R4, R4 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R3 BY ADV. SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34440 OF 2008 ------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT Heard learned counsel for the petitioner, learned standing counsel for the third respondent as also learned Government Pleader. 2. Petitioner availed a loan from the bank, of which, third respondent is the General Manager. He established a Saw Mill. Later, there were arbitration proceedings against the petitioner, resulting in an arbitration award some time in 1990. The State Co-operative Tribunal allowed the appeal of the petitioner against the award. That decision was challenged by the bank before this Court in 1995. In 2001, that writ petition was allowed and there was a direction to further hear the matter. The Co-operative Tribunal, thereafter, heard the matter afresh. As of now, following the decision of the Tribunal, the petitioner faced recovery proceedings fixed for an amount of Rs.11,06,001/- as on 6.9.2007. WPC.34440/08 Page numbers 3. The limited plea of the petitioner is that having regard to the fact that the recovery proceedings were pending before different statutory authorities, including this Court, the total outstandings should be considered for a reduction to serve ends of justice. 4. Following the interim order, the petitioner has deposited an amount of Rs.5 lakhs. Learned counsel for the bank states that the entire penal interest could be waived. 5. However, taking into consideration the fact that the writ petition of the bank was pending before this Court from 1995 to 2001, it is ordered that if the petitioner deposits the entire amount as claimed by the bank within three weeks, the third respondent will place any representation that the petitioner would make for consideration by the appropriate authority, so that a lenient view could be taken even as regards the accrued interest, treating the case of the petitioner as an exceptional one. WPC.34440/08 Page numbers Any benefit that could be extended in the commercial wisdom of the bank would be thus extended. The recovery proceeding will not be persuaded if the petitioner pays the amount as aforesaid. It is also ordered that on deposit as above, the title documents which created equitable mortgage will be released to the petitioner, so that the petitioner could sell the property. The total outstandings will be cleared in terms of what is stated above and any amount in excess will be refunded to the petitioner. The writ petition is disposed of with the above directions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.