IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 38748 of 2010(P) -------------------------- PETITIONER(S): --------------- 1. SUNDARESAN PILLAI, S/O.JANARDHANAN PILLAI S.S.BHAVAN, PERINAD, EDAVATTAM, KOLLAM. 2. SARASWATHY AMMA, W/O.SUNDARESAN PILLAI, S.S.BHAVAN, PERINAD, EDAVATTAM, KOLLAM. 3. SUSHAMA KUMARI, D/O.SUNDARESAN PILLAI, S.S.BHAVAN, PERINAD, EDAVATTAM, KOLLAM. 4. SUNIL KUMAR, S/O.SUNDARESAN PILLAI, S.S.BHAVAN, PERINAD, EDAVATTAM, KOLLAM. 5. SINI, W/O.SUNIL KUMAR, S.S.BHAVAN, PERINAD, EDAVATTAM, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE SECRETARY, THE VELIMON SERVICE CO-OPERATIVE BANK LTD, 2355, VELIMON P.O, KOLLAM DISTRICT-691 001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM DISTRICT-691 001. 3. THE INSPECTOR OF CO-OPERATIVE SOCIETIES/ SPECIAL SALE OFFICER, KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM DISTRICT-691 001. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM DISTRICT-691 001. BY ADVS. SRI.M.K.CHANDRAMOHAN DAS, SC FOR R3 SRI.BASANTH BALAJI, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/ P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 38748 OF 2010 -------------------------- Dated this the 5th day of January, 2011 J U D G M E N T The petitioners had availed loans from the Velimon Service Co-operative Bank Ltd. of Kollam District. When the loan was not repaid, the bank filed arbitration cases before the second respondent. After notice to the petitioners, the arbitrator passed Ext.P1 series of awards holding that the petitioners are liable to pay various amounts. The petitioners did not even thereafter pay the amount covered by the awards. The bank thereupon initiated steps to execute the awards. The third respondent, the Sale Officer thereupon issued Ext.P2 series of notices to the petitioners demanding payment of the amounts covered by Ext.P1 series of awards failing which they were informed that their immovable properties will be attached and sold for realisation of the amounts due under the awards. In this writ petition, the petitioners seek a direction to the respondents to settle the loan account under the one time settlement scheme. 2. The petitioners have not challenged Ext.P1 series of awards and the awards have become final. The only relief sought WPC No.38748/2010 2 by them in this writ petition is for a direction to the bank to give them the benefit of one time settlement scheme. The petitioners have however not pleaded or proved that any such one time settlement scheme is in existence. In such circumstances, I am of the opinion that no relief can be granted to the petitioners. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.38748/2010 3 WPC No.38748/2010 4