IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 1802 of 2011(A) ----------------------------------- PETITIONER(S): ----------------------- SUNADEVI, W/O. SAJEEVAN, THAREPARAMBIL, ETTUMMAL, EZHIKKARA P.O., N.PARAVUR, ERNAKULAM DISTRICT. BY ADVS. SRI.V.A.PRADEEP KUMAR SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): ------------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), N.PARAVUR, ERNAKULAM DIST.- 683 513. 2. THE SALE OFFICER, CHENDAMANGALAM SCB GROUP, N.PARAVUR, ERNAKULAM DISTRICT. 683 513. 3. PALLIYAKKAL SERVICE CO-OPERATIVE BANK LTD.NO.2232, EZHIKKARA P.O., REPRESENTED BY ITS SECRETARY. 683 511. R1 & R2 BY GOVT. PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1802 OF 2011 -------------------------- Dated this the 19th day of January, 2011 J U D G M E N T The petitioner had availed a loan from the third respondent bank. When the loan was not repaid, the bank filed ARC No.1020/2009 before the Assistant Registrar of Co-operative Societies (General) North Paravur. An award was passed in the arbitration case. The Arbitrator thereupon issued Ext.P1 demand notice demanding payment of the amount covered by the award. The petitioner thereafter submitted Ext.P2 representation before the first respondent requesting him to grant him the benefit of one time settlement scheme. In this writ petition, the petitioner challenges Ext.P1 demand notice and seeks a direction to the first respondent to allow her to clear the outstanding dues under the one time settlement scheme. 2. The petitioner has not pleaded or proved that a one time settlement scheme is presently in force. Therefore, the second relief prayed for by the petitioner cannot be granted. Ext.P1 demand notice was issued pursuant to an award passed by the Arbitrator. The award as such is not under challenge. So long as WPC No.1802/2011 2 the award remains final and unchallenged, the petitioner cannot challenge the demand made pursuant to the said award. Therefore, the first relief also cannot be granted. In the result, the writ petition fails and is dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.1802/2011 3 WPC No.1802/2011 4