IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 33695 of 2007(J) -------------------------------------- PETITIONER: ------------------- A.K.KANARAN,S/O. KANNAN, AGED 49 YEARS OTHAYOTH UMMARATH, MEPPAYYUR VIA ANCHAMPEEDIKA POST, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER. RESPONDENTS: ------------------------ 1. THE MEPPAYUR CO-OP. HOUSING SOCIETY LIMITED NO.D 1932 MEPPAYUR, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIEITIES/ARBITRATOR CUM SPECIAL SALE OFFICER, HOUSEFED, SASTHRI NAGAR ROAD ERANCHIPALAM, KOZHIKODE -6. R2 BY GOVT. PLEADER SMT. M.K. PUZHPLATHA, R1 BY ADV. SRI.K.LAKSHMINARAYANAN, ADV. SATHYA SHREEPRIYA, ADV. SRI.N.L.KRISHNAMOORTHY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33695/2007-J: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE SALE NOTICE DTD. NIL. ISSUED BY THE R.2. EXT.P.2: COPY OF THE LETTER DTD. 08/06/2007 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.3: COPY OF THE SALE NOTICE DTD. 30/09/2007 ISSUED BY THE R.2. EXT.P.4: COPY OF THE EMERGENCY OUT PATIENT TICKET DTD. 25/09/2007 ISSUED BY MEDICAL COLLEGE HOSPITAL, CALICUT TO THE PETITIONER. EXT.P.5: COPY OF THE REFERAL OUT PATIENT TICKET DTD. 25/09/2007 ISSUED BY MEDICAL COLLEGE HOSPITAL, CALICUT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1.A: COPY OF THE AWARD DTD. 2/9/12/04 IN ARC 1898/05 ON THE FILE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.R1.B: COPY OF THE RELEVANT PAGE OF THE REGISTER MAINTAINED IN THE OFFICE OF THE R.1. EXT.R1.C: COPY OF THE STATEMENT ACCOUNT IN RESPECT OF THE LOAN AVAILED BY THE PETITIONER. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.33695 of 2007-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of January, 2008. JUDGMENT 1.Petitioner suffered an arbitration award on account of default in repayment of the loan availed by him. By Ext.P2, it is evidenced that the Society was prepared to re-schedule the transaction by accepting amount at the rate of Rs.35,000/- provided such deposit was made promptly. Taking that into consideration, the interim order issued on 15-11-2007 was moulded by taking into consideration the accruals that would have gathered on the basis of Ext.P2. However, the petitioner did not utilise that benefit also. 2.The transaction and the liability are not in dispute. The arbitration award has become final. The petitioner has not availed the facility WP(C)33695/2007 -: 2 :- extended as per Ext.P2 or by this Court as per the interim order dated 15-11-2007. I find no jurisdictional error or legal infirmity in the impugned proceedings. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/