IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 5228 of 2006(V) ------------------------- PETITIONER(S): --------------- 1. SABY MANZOOR, W/O.MANZOOR, POOYUVEETIL HOUSE, VATANAPPALLY.P.O, THRISSUR DISTRICT. 2. MANZOOR, S/O.POOYUVEETIL HAMZA, VATANAPPALLY.P.O, THRISSUR DISTRICT. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, OLLUR SERVICE CO-OPERATIVE BANK LTD.NO.279, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. SECRETARY, OLLUR SERVICE CO-OPERATIVE BANK LTD. NO. 279, CHEERACHI, OLLUR.P.O, THRISSUR DISTRICT. 4. ABDULLA, S/O.KARUTHA MOIDUNNY, EDAKHAZHIYOOR.P.O, THRISSUR DISTRICT. 5. SUHARA, W/O.ABDULLA KARUTHA, EDAKHAZHIYOOR.P.O, THRISSUR DISTRICT. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER IN RP NO. 334 OF 2004 DATED 30.6.2005 EXT.P2 TRUE COPY OF THE ORDER IN WPC 25503 OF 2005 DATED 30.8.2005 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5228 OF 2006 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT Since petitioner undertakes to clear the arrears in instalments, W.P. is disposed of granting five instalments to the petitioner to clear the entire arrears due, first of which will be paid on or before 30th July, 2009 and balance on or before last day of four succeeding months. However, if default is committed in payment of any of the instalments, the instalment facility granted herein will stand automatically vacated and respondents will be free to proceed for recovery of the entire amount due. (C.N. RAMACHANDRAN NAIR) Judge kk 2