IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33131 of 2008(T) ------------------------------------------ PETITIONER(S): ------------------------- S.SULAJA, KALIYANATTU VELI, KANICHUKULANGARA P.O. CHERTHALA. BY ADV. SRI.S.SANTHOSH KUMAR SRI.S.VINODKUMAR RESPONDENT(S): ---------------------------- 1. ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD NO.4310, HEAD OFFICE, ALAPPUZHA, REP. BY ITS GENERAL MANAGER. 2 . THE BRANCH MANAGER,ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD,NO.4310, CHERTHALA. 3. THE SPECIAL SALE OFFICER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD. NO.4310, HEAD OFFICE, ALAPPUZHA. BY ADV. SRI. P.K.VIJAYAMOHANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.33131 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of November, 2008. JUDGMENT Heard learned counsel for the petitioner and the first respondent. The petitioner availed a facility from the first respondent and defaulted in repayment. That led to an arbitration award. That has become final. Execution proceedings have reached her door steps and the petitioner cannot, therefore, wriggle out of the responsibility to face the consequences. There is no jurisdictional error or legal infirmity in the impugned proceedings. Though the petitioner points out through her learned counsel that the rate of interest charged is high, I do not find any ground to interfere, having regard to the finality of the arbitration award. At this stage, learned counsel for the petitioner WP(C)33131/08 -: 2 :- confines the submissions to a request that the petitioner is availing another loan and therefore, time may be granted to pay off the entire outstandings. The sale, as of now, is listed to 20-11-2008. If the petitioner deposits an amount of Rs.2 lakhs at or before the time fixed for sale and a further amount of Rs.3 lakhs on or before 30-11-2008, the impugned proceedings will stand deferred to 2nd January, 2009 for the petitioner to pay off the entire outstandings and avoid distress action. If there is default in depositing any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action without fresh notice to the petitioner. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/