IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31187 of 2008(K) -------------------------- PETITIONER(S): --------------- K.K.MURALI, AGED 50, S/O.K.KESAVAN NAIR, KOCHERY HOUSE, VALAYANEHIRAGARA P.O., PERUMBAVOOR. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): --------------- 1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, KAKKANADU, ERNAKULAM REPRESENTED BY ITS PRESIDENT. 2. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK, TOWN BRANCH MUVATTUPUZHA REPRESENTED BY IT'S MANAGER. 3. THE SALES OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, KAKKANADU, ERNAKULAM. R1, R2 BY ADV.SRI.P.V.SURENDRANATH R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31187 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT The petitioner, while in Government service as a Forest Guard, availed leave for three years. It is alleged that he was not permitted to rejoin duty after the leave period. It is stated that during that interregnum, he availed a loan from the first respondent and started a business in Ayurvedic Medicines. He defaulted repayment of the loan amount and this resulted in arbitration proceedings under the Kerala Co-operative Societies Act, 1969. That has become final. The complaint of the petitioner is about the accruals thereon. This is only on the basis of the contract and the finality of the arbitration award. Indulgence with the total outstandings could therefore be made, if at all, only by the first respondent, the creditor. However, the bank states that in the year 2003, the petitioner was offered benefits under One Time Settlement scheme and he did not avail it. Under such circumstances, I do not find any jurisdictional error or legal infirmity as regards the impugned proceedings. WPC.31187/08 Page numbers However, having regard to the total outstandings, which is now around Rs.10,00,000/-, it is directed that if the petitioner remits Rs.5,00,000/- within a period of three weeks from now, any application of the petitioner for slashing the total outstandings would be considered favourably by the bank. To aid such process, there will be an order that distress action against the petitioner will stand suspended for one month to let the bank decide and communicate the petitioner its decision, provided the amount as aforesaid is paid. The petitioner would be satisfied if the bank considers Ext.P5 as his representation. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.