IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25945 of 2008(L) -------------------------- PETITIONER: ------------ M.R.PAVITHRAN S/O. PONNIKUTTY, AGED 43 YEARS, MANAGATTU VEETTIL P.O.KANDASAMKADAVU, PADIYAM,THRISSUR. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) SRI.VARGHESE K.PAUL RESPONDENTS: ------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVES SOCIETIES, ARBITRATOR CUM SPECIAL SALE OFFICER THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD THIRUVAMBADI P.O.,THRISSUR. 2. THE MANAGER, THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD ANTHIKAD BRANCH P.O.KANJANY. R1 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN R2 ADV.SRI.T.R.HARIKUMAR, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25945 OF 2008 ------------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT Heard learned counsel for the petitioner, learned standing counsel for the second respondent and learned senior Government Pleader for the first respondent. 3. The petitioner, an autorikshaw driver, availed a loan from the second respondent bank. The loan was not repaid. This led to an arbitration award under the Kerala Co-operative Societies Act and Rules, resulting in the impugned execution proceedings, listing the property for sale. I find no jurisdictional error or legal infirmity in the impugned sale. 4. Faced with the aforesaid situation, learned counsel for the petitioner confined his submissions to request that the petitioner may be permitted to pay off the outstandings in instalments. For such purpose, apart from giving up all other contentions, the petitioner also waived his right to challenge the proceedings before the Debts Recovery Tribunal. WPC.25945/08 Page numbers In the aforesaid circumstances, this writ petition is ordered directing that if the petitioner deposits the entire outstandings, including accruals, in 8 equal monthly instalments, payable on or before the 15th of every month commencing from September, 2008, the impugned proceedings will be dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled forthwith and the bank will be entitled to proceed with further action without any further notice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.30/8.