IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31556 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ 1. ABBAS.M.K., S/O.MOHAMMED, MANCHERIKATTIL HOUSE, MANJERI N.S.S.COLLEGE.P.O., MANJERI AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. 2. SHAMSUDHEEN, S/O.ABOOBACKER, VARANGODE HOUSE, MANJERI.P.O., MULLAMPARA, MANJERI AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.VIDYASAGAR RESPONDENT(S): --------------------------- 1. THE SECRETARY, THENNALA SERVICE CO-OPERATIVE BANK LIMITED, NO.F 720, P.O.VALAKKULAM, MALAPPURAM DISTRICT.PIN-676 508 2. ARBITRATOR, SPECIAL SALE OFFICER, THENNALA SERVICE CO- OPERATIVE BANK, NO.F 720, P.O.VALAKKULAM, MELE KOZHICHENA, MALAPPURAM DISTRICT.PIN-676 508 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31556/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PASS BOOK OF THE RESPONDENT BANK. P2 COPY OF THE AWARD OF THE ARBITRATOR DATED 28/9/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31556 OF 2011 -------------------------- Dated this the 25th day of November, 2011 J U D G M E N T The first petitioner availed a loan of Rs.14,600/- from the Thennala Service Co-operative Bank Ltd. in the year 2004. The second petitioner is a guarantor to the loan transaction. When the loan was not repaid, the bank filed A.R.C No.1815 of 2010 before the Arbitrator under section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short). Though the petitioners received notice from the Arbitrator, they did not enter appearance. They were therefore set ex-parte and Ext.P2 award was passed on 28.9.2010 directing the petitioners and the another person joined as third defendant to pay to the plaintiff the sum of Rs.27,863/- with interest at 16% per annum from 13.5.2010 on the principal amount of Rs.14,600/-. Ext.P2 award is under challenge in this writ petition wherein the petitioners seek the following reliefs:- “(1) To issue a writ in the nature of mandamus or any other writ order or direction directing the respondent bank to grant further and reasonable time to the petitioners to pay off the decree WPC No.31556/2011 2 amount by way of 10 monthly instalments to save themselves from further loss and hardship. (2) Pass an order or direction to the respondent Bank not to proceed with the recovery pursuant to the award of the 2d respondent and keep it in abeyance.” 2. It is contended that the petitioners are ready to repay the amount due in 10 monthly instalments that they need some more time to mobilise the funds, that this Court has ample power to pass a compassionate order having regard to the fact that the first petitioner is running a photostat shop and is the sole bread winner of the family and if recovery steps are taken by the Recovery Officer, the petitioners will suffer heavy loss. 3. From a reading of the writ petition, it is clear that what the petitioners seek is an opportunity to satisfy the award in instalments. The petitioners have however not stated that they had approached the decree holder bank with a request to enable them to pay the amount awarded by the Arbitrator in instalments or that such a request was made and rejected. In my opinion, if the petitioners are desirous of seeking an opportunity to pay the amount due from them in instalments, they should first approach WPC No.31556/2011 3 the decree holder bank instead of straight away invoking the jurisdiction of this Court. I therefore find no reason to entertain the writ petition or grant the relief prayed for. The writ petition fails and is dismissed reserving liberty with the petitioners to move the decree holder bank seeking an opportunity to pay the decree debt in intalments. P.N.RAVINDRAN, (JUDGE) vps WPC No.31556/2011 4