IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 1102 of 2008(F) ------------------------- PETITIONER(S): --------------- KUNJAYYAPPAN, S/O. VELANDY, PANANGADU PULLUR OORAKAM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SMT.SALLY THOMAS CHACKO RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. 2. THE ARBITRATOR CUM SALES OFFICER, IRINJALAKKUDA TOWN CO-OPERATIVE BANK LTD., IRINJALAKKUDA P.O., THRISSUR. 3. IRINJALAKKUDA TOWN CO-OPERATIVE BANK LTD. NO.55, IRINJALAKKUDA P.O., REPRESENTED BY THRISSUR DISTRICT, REPRESENTED BY ITS CHIEF MANAGER. ADV. SRI.N.P.SAMUEL FOR R3 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 1102/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE AWARD DTD.25.9.06. P2. COPY OF THE RECEIPTS. P3. COPY OF THE DEMAND NOTICE DTD.23.1.07. P4. COPY OF THE RECEIPT DTD.12.3.07. P5. COPY OF THE ORDER DTD.26.10.07 BY R1. P6. COPY OF THE RECEIPT DTD.21.1.08 BY R1. P7. COPY OF THE RECEIPT DTD.3.3.08. P8. COPY OF THE REQUEST TO R3. P9. COPY OF THE NOTICE DTD.3.3.09. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE STATEMENT OF ACCOUNTS. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.1102 of 2008 ================== Dated this the 12th day of November, 2009 J U D G M E N T The petitioner is a defaulter in repayment of loan amount due from him to the 3rd respondent-Co-operative Bank. The Bank obtained a decree from the Arbitrator under Section 69 of the Kerala Co- operative Societies Act. Challenging the same, the petitioner approached the Tribunal. The Tribunal granted some relief in the matter of interest. The petitioner has now filed this writ petition challenging the orders of the Arbitrator and the Tribunal primarily in respect of interest. However, now the petitioner only seeks facility to pay the amounts in instalments. 2. This is opposed by the learned counsel appearing for the respondents. 3. Having heard both sides, I am inclined to take a lenient view in the matter. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall pay the balance amount in ten equal monthly instalments starting from 1.12.2009. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on the due dates without default, coercive proceedings for recovery of the amounts in dispute shall be 2 kept in abeyance. However, if the petitioner commits default in payment of any of the instalments, it would be open to the respondents to take coercive proceedings without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge