IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 26425 of 2006(U) -------------------------- PETITIONERS: ------------ 1. N.K.SABU, S/O.KARUNAKARAN, NAKATHALA THEKKETHIL, KADAPRA MURI, KOIPURAM VILLAGE. 2. SARASAMMA KARUNAKARAN, W/O.KARUNAKARAN, NAKATHALA THEKKETHIL, KADAPRA MURI, KOIPURAM VILLAGE. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------- 1. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR (GENERAL), OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVALLA. 4. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, THIRUVANANTHAPURAM REGIONAL OFFICE, MALOOR ROAD, VANCHIOOR P.O., THIRUVANANTHAPURAM. 5. ARBITRATOR & EXECUTIVE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES, THIRUVALLA. WP(C).No. 26425/2006/U -2- 6. THIRUVALLA CO-OP. HOUSE CONSTRUCTION SOCIETY LTD., THIRUVALLA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SURIN GEORGE IPE SRI.A.K.CHINNAN SMT.SUSAL A. CHINNAN SENIOR GOVERNMENT PLEADER, SRI.BENJAMIN PAULD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26425/2006/U APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE RECEIPT DATED 11.10.2000. EXT. P1(A): COPY OF THE RECEIPT DATED 11.10.2000. EXT. P1(B): COPY OF THE RECEIPT DATED 18.12.2000. EXT. P1(C): COPY OF THE RECEIPTS DATED 05.2.2004. EXT. P1(D): COPY OF THE RECEIPT DATED 26.09.2001. EXT. P1(E): COPY OF THE RECEIPT DATED 25..06.2002. EXT. P1(F): COPY OF THE RECEIPT DATED 03.02.2003. EXT. P1(G): COPY OF THE RECEIPT DATED 20.01.2004. EXT. P1(H): COPY OF THE RECEIPT DATED 27.04.2004. EXT. P1(I): COPY OF THE RECEIPT DATED 09.11.2004. EXT. P2: COPY OF THE AWARD DAATED 31.3.2004 ISSUED BY THE 5TH RESPONDENT. EXT. P3: COPY OF THE NOTICE NO.B/144/06-07 DATED 15.7.06. EXT. P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT. R1(A): COPY OF THE LOAN REGULATION. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.26425 of 2006 (U) ======================= Dated this the 7th day of February, 2008 JUDGMENT Petitioners are challenging proceedings for recovery of loan amounts taken from the 1st respondent due to the 6th respondent. The petitioners are now prepared to pay off the amounts demanded in instalments. In the above circumstances, the writ petition is disposed of with the following directions: The petitioners shall pay the balance amounts due in six equal monthly instalments starting from 1.3.2008. Subsequent instalments shall be paid on the first working day of every succeeding month. If the petitioners pay the instalments in time without default, further recovery proceedings shall be kept in abeyance. However, if the petitioner commits default in payment of any one instalment, it would be open to the respondents to continue proceedings as now initiated, without having to issue any further notice or proceedings in that regard. Sd/- S.SIRI JAGAN, JUDGE jp