IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 16887 of 2007(I) -------------------------- PETITIONER(S): --------------- K.SURENDRAN, AGED 43 YEARS, S/O.KUTTAPPAN, VILAYIL KIZHAKKETHIL, ERIKKAVU PO, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA V. RESPONDENT(S): --------------- 1. KATHIKAPPALLY TALUK HOUSING CO-OPERATIVE SOCIETY LTD. NO.A-301, HARIPPAD, REPRESENTED BY ITS SECRETARY, K.THANKAMANI. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 4. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATOR CUM SPECIAL OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, KOCHI. R1 BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) GOVERNMENT PLEADER SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16887 of 2007 EXHIBITS ------------ PETITIONER'S EXHIBITS ------------------------------ P1:- COPY OF THE CIRCULAR OF THE 2ND RESPONDENT DTD.30.11.2006 P2:- COPY OF THE CIRCULAR NO.55/06 DTD.30.11.2006 P3:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P4:- COPY OF THE AWARD DTD.23.12.2006 //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN,J. ................................................................... WP(C) NO. 16887 of 2007 ......................................... Dated this the 8th day of April, 2010 J U D G M E N T The petitioner availed a loan of Rs.75,000/- in the year 1999. He works as a peon in Govt. U.P.S., Erukkavu. It is stated that he made arrangements for the repayment of the loan, however, that the default occurred since his father became sick in 2002. He pleads for intervention with execution proceedings, following arbitration award. There is no jurisdictional error or legal infirmity in the impugned proceedings. The petitioner prays for the indulgence of the bank to grant maximum possible reductions and also the benefit of the ameliorative schemes of the bank, may be available for one time settlement or otherwise. Under such circumstances, it is ordered that the first respondent will consider giving the petitioner any benefit as may be WP(C) NO. 16887 of 2007 2 available by way of reduction in the total outstandings or otherwise. Execution proceedings will guided accordingly. The bank will consider, as a special case, granting the petitioner installment facility to repay the outstandings. THOTTATHIL B. RADHAKRISHNAN, JUDGE. rkc