IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 1985 of 2009(J) ------------------------- PETITIONER(S): --------------- T.K. UNNIKRISHNAN NAIR, THEKKIL HOUSE, ARUMANOOR P.O., AYARKUNNAM, KOTTAYAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 2. THE SECRETARY, ETTUMANNOOR SERVICE CO-OPERATIVE BANK LTD., NO. 069, MAIN BRANCH, ETTUMANNOOR, KOTTAYAM. 3. THE SALES OFFICER, ETTUMANOOR SERVICE CO-OPERATIVE BANK LTD., NO. 069, MAIN BRANCH ETTUMANOOR, KOTTAYAM. ADV. SRI.C.J.JOY FOR R2 BY GOVT. PLEADER SRI. MOHAMMED NISHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of award dated 30.1.2003 passed by the 3rd respondent. Ext.P2. True copy of the notices dated 2.12.2008 Ext.P3. True copy of the receipts dated 4.9.2007. Ext.P4. True copy of the receipts dated 4.9.2007 Ext.P5. True copy of the receipts dated 4.9.2007 Ext.P6. True copy of the receipts dated 4.9.2007 // true copy // P.A to Judge. ANTONY DOMINIC,J. --------------------- W.P.(C).No.1985 OF 2009 ------------------------ Dated this the 22nd day of June, 2009. JUDGMENT Petitioner had availed of a loan from the respondent bank. Default was committed, resulting in Ext.P1 award passed by the 3rd respondent. Award became final and amount was sought to be realized. Ext.P2 is the sale proclamation that was published .It was at that stage, the writ petition is filed. 2. According to the petitioner, apart from the remittance of Rs.10,000/- made by the petitioner as per Exts.P3 to P6 receipts, petitioner also made remittance in pursuance to the interim order dated 19.1.2009. 3. As at present, going by the counter affidavit filed by the Bank, the remaining liability of the petitioner is Rs.3000/- incurred by the bank towards publication of the sale proclamation and Rs.3,500/- incurred by the bank WP(c).N.1985/09 2 towards litigation expenses. Counsel for the petitioner seeks waiver of the aforesaid amounts. There is nothing on record to show that the loan availed of by the petitioner was an agriculture loan. If that be so, the prayer made by the petitioner as such cannot be granted. 4. Be that as it may, in the facts of the case and having regard to the amount availed of by the petitioner, I feel that the litigation expense of Rs.3500/- allegedly incurred by the Bank should not be recovered from the petitioner. Therefore, the writ petition is disposed of directing that, if the petitioner pays amount of Rs.3000/- within one month from today, that will be accepted and his liability will stand completely discharged. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.1985/09 3