IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 28445 of 2010(E) --------------------------------------- PETITIONER(S): ---------------------- SHRI.GEORGEKUTTY, PULIKKAL HOUSE, KOOVAPPALLY VILLAGE, KURUVAMOOZHI P.O., KANJIRAPPALLY TALUK, KOTTAYAM. BY ADV. SMT.E.V.MOLY RESPONDENT(S): -------------------------- 1. SECRETARY, SERVICE CO-OPERATIVE BANK LTD., ERUMELI. 2. SPECIAL SALE OFFICER, THE ERUMELI SERVICE CO-OPERATIVE BANK LTD. NO.K.113, ERUMELI, PIN - 686 509, KOTTAYAM DIST., KERALA. BY ADV. SRI.ISSAC M.PERUMPILLIL, SRI.JIJO PAUL KALLOOKKARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.28445 of 2010 ---------------------------------------- Dated 30th November, 2010 JUDGMENT The petitioner has availed a loan of Rs.5,00,000/- from the respondent bank. The petitioner has committed default in repayment and that made the respondent bank to resort to arbitration proceedings. Admittedly, the arbitration proceedings culminated in award in favour of the first respondent. Even then the petitioner has not chosen to clear the liability. Subsequently, the respondent bank has resorted to coercive steps and issued Ext.P1 sale notice. It is in the said circumstances that this writ petition has been filed. Ext.P1 would reveal that an amount of Rs.6,75,000/- is the amount outstanding towards the respondent bank. While issuing notice on admission to the respondents this Court passed an interim order directing the respondents not to confirm the sale of the immovable property mortgaged with the first respondent and in turn directed the petitioner to pay an amount of Rs.2,00,000/- on or before 13.10.2010. On receipt of notice in this proceedings the first respondent entered appearance. It is submitted on behalf of the first respondent that the petitioner has failed to comply with the directions in the order dated 15.9.2010. On 26.10.2010 taking note of the failure on the part of WP(C).No.28445/2010 2 the petitioner to comply with the directions in the order dated 15.9.2010, this Court passed an interim order whereby the interim order dated 15.9.2010 was vacated. The learned counsel for the first respondent submitted that even now the petitioner has not complied with the interim order and effected payment of Rs.2,00,000/- as directed by this Court on 15.9.2010. In view of the said circumstances, I am of the view that the petitioner is not entitled to any relief in this writ petition and the writ petition is liable to be dismissed. Accordingly, it is dismissed. It is made clear that it will be open to the respondents to continue with the proceedings already initiated for realization of the amount due from the petitioner. C.T.RAVIKUMAR Judge TKS