IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 36741 of 2007(Y) ----------------------------------------- PETITIONER: -------------------- OMANA, W/O. SUDHAKARAN, AGED 52 YEARS, VALIYAVEETTIL, PEECHI, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: --------------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD. MANNUTHI BRANCH, THRISSUR, REP. BY ITS MANAGER. 2. THE ARBITRATOR-CUM-SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANASAPTHATHIMANDIRAM, TUDA ROAD, THIRUVAMBDI.P.O., THRISSUR-680 022. ADV. SRI.V.G.ARUN,SC,THRISSUR DIST.CO-OP BANK FOR R1 SRI.T.R.HARIKUMAR,SC,THRISSUR DIST.CO.OP.BANK FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36741/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPTS ISSUED BY 1ST RESPONDENT. EXT.P2: COPY OF NOTICE DTD. 5/11/07 ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36741 OF 2007 ------------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT Having heard learned counsel for the petitioner and learned counsel for the first respondent, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. which have been taken under the Kerala Co- operative Societies Act, 1969, on account of default on the part of the petitioner to repay a housing loan availed from the first respondent. Hence, the writ petition is ordered directing that the petitioner shall appear before the first respondent and make a request to regularise the transaction by receiving the defaulted instalments with penalty, interest etc. on the basis of such decision as may be taken by the first respondent. If such benefit is not extended to the petitioner, she will be given six months' time to pay off the entire outstandings in equal monthly instalments, payable on or before the last working day of every month commencing from September, 2008. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.