IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3374 of 2009(B) ------------------------- PETITIONER(S): --------------- SEETHAMMA MANOHARAN, KANDACHAZHIKATH, MANAYILKULANGARA, MULANKADAKOM, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE COASTAL URBAN CO-OPERATIVE BANK KOLLAM NO.3036, REPRESENTED BY ITS SECRETARY. 2. THE ARBITRATOR, COASTAL URBAN CO-OPERATIVE BANK, KOLLAM. 3. THE SPECIAL SALE OFFICER, THE KOLLAM COASTAL URBAN CO-OPERATIVE BANK, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3374 OF 2009 ------------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT 1. Having regard to the nature of the order being issued hereunder, notice to the respondents dispensed with, preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner, a debtor of the first respondent, claims that she is entitled to the benefit of Exts.P3, P4 and P6. No other issues are pressed. The benefit of such circulars made in certain circumstances inure even as regards awards that has become final and pending execution. This is an issue that can be raised before the Sale Officer. It is not necessary that such decision could follow only on the consent of the bank. Under such circumstances, it is directed that if an amount of Rs.50,000/- is deposited within three weeks, Ext.P5 will stand deferred for two months and the Sale Officer will hear the petitioner on her claim for relief in terms of the aforesaid WPC.3374/09 Page numbers circulars. Thereafter, further execution proceedings will continue. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.