IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 1207 of 2008(R) ------------------------- PETITIONER: ------------- SMT. K.A.SUHARABI, W/O MOHAMMED C.K., KAPPANAKKAL HOUSE, BAKAL P.O., KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: ----------------- 1. THE ASSISTANT REGISTRAR/ARBITRATOR-COM- SALES OFFICER, THE KASARAGOD DISTRICT CO-OPERATIVE BANK LTD, KASARAGOD. 2. THE BRANCH MANAGER, KASARAGOD DISTRICT CO-OPERATIVE BANK LTD., UDMA BRANCH, KASARAGOD. R1 BY SMT. ANU SIVARAMAN, GOVT. PLEADER. R2 BY SRI.V.G. ARUN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1207 OF 2008 ------------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT Going by the materials on record, the petitioner suffered an arbitration award under the Kerala Co-operative Societies Act, 1969. While it is her assertion that the transaction is an agricultural loan, learned counsel on behalf of the second respondent states, on instructions, that the same is a business loan. Whatever that be, the rights and liabilities of parties have crystalised into an arbitration award, on the basis of which, execution proceedings have been taken up. Under such circumstances, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. 2. Having regard to the plea of the petitioner, it is directed that the sale, if any, shall not be confirmed for a period of one month, within which time, the Bank will afford the petitioner an opportunity of being heard regarding the amounts which the petitioner pleads to have already remitted to the Bank. The Bank WPC.1207/08 Page numbers will also consider whether the petitioner could be permitted to wipe off the entire outstandings by the end of the current financial year and thereby avert distress action. The writ petition is disposed of with the above directions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.