IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 35128 of 2007(F) -------------------------------------- PETITIONER: ------------------- GANDHI DEVAN, S/O. THIRUVAN, KONATHU HOUSE, ANGADICKAL SOUTH P.O., CHENGANNUR-689 122. BY ADV. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. RESPONDENTS: ----------------------- 1. THE BANK EXPLOYEES' CO-OPERATIVE SOCIETY LTD.NO.A.106, MULLACKAL, ALLEPPEY-688010, REPRESENTED BY THE SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SALE OFFICER, ALLEPPEY DISTRICT CO-OPERATIVE BANK LTD., ALLAPPEY. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALLEPPEY. SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R2 & R3, ADV. SRI.K.S.HARIHARAPUTHRAN FOR R1, ADV. SRI.GEORGE MATHEW FOR R1, ADV. SRI.M.D.SASIKUMARAN FOR R1, ADV. SRI.P.J.JOSEPH FOR R1, ADV. SRI.SUNIL KUMAR A.G FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.35128 OF 2007 ------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT The petitioner availed a loan of Rs.5,000/- from the first respondent in July, 1987. He worked at different stations under his employer Central Bank of India. This writ petition is filed when he faced proceedings in the form of Ext.P10, whereby, he was required to pay off amounts in satisfaction of the execution proceedings. He states that he was maintaining a Recurring Deposit Account with the first respondent and that he was under the bonafide impression that the loan account was closed by adjusting the said R.D. He also criticized the enormous delay in effecting the recovery and pleads that such proceedings are barred by limitation. The first respondent has placed a statement on record, producing therewith Ext.R1(a), an agreement by the petitioner under Section 37 of the Kerala Co-operative Societies Act, 1969, authorising recovery from his salary also, in case of default. It WPC.35128/08 Page numbers is also stated that only Rs.55/- remains in the R.D. account and the outstandings due has grown to Rs.16,000/-, following the arbitration award on Case No.31/95. With such materials on record, the impugned proceedings cannot be found fault with, though Ext.R1(a) authorisation will continue only as long as the petitioner is in service of the Central Bank of India. It should, however, be open to the petitioner to move the first respondent to get the total outstandings reduced, having regard to the plea that he was not even aware of the arbitration proceedings. Without prejudice to the right of the petitioner to move the first respondent for any ameliorative reliefs in that regard, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.5/8.