IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 30730 of 2008(G) -------------------------- PETITIONER(S): --------------- NARAYANAN NAIR, KARIAT HOUSE, CHALAKKAL, THRISSUR DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): --------------- 1. ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., O/O.ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, THRISSUR R1 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R2 BY ADV.SRI.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30730 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT Heard. The petitioner availed a loan from the second respondent. He defaulted repayment. That led to arbitration proceedings under the Kerala Co-operative Societies Act and Rules in 2000. Against the award passed thereon, the petitioner filed a revision before the Co-operative Tribunal. The Tribunal passed an interim order of stay on condition of remitting Rs.60,000/-. When the revision was taken up finally, the Tribunal granted the petitioner 10 instalments to repay the entire outstandings, with a default clause. Against that, the petitioner filed W.P(C). 15836/06. An interim order was passed in that writ petition requiring the petitioner to remit an amount of Rs.1,50,000/- as a condition for stay. That amount was not remitted. Ultimately, when that writ petition was taken up for final hearing, the petitioner stated, through his counsel, that he is ready and WPC.30730/08 Page numbers willing to pay the amounts and he may be given some more time to pay the amounts and also prayed for the benefit of One Time Settlement scheme. This Court issued Ext.P5 judgment, directing that if the petitioner remits an amount of Rupees One Lakh and makes appropriate representation, that will be considered and decision taken. This was way back on 20.9.2006. Nothing happened thereafter. There was no payment, no representation. At this distant point of time, merely because the petitioner holds out certain medical documents to show that he is under treatment, which fact situation was available even in 2006, I do not find any ground to further interfere in favour of the petitioner, having particular regard to the submissions made before this Court at the final hearing of Ext.P5 writ petition confining the petitioner's request only for further time and because more than two years have elapsed even after that. The writ petition fails. The same is accordingly dismissed. WPC.30730/08 Page numbers It is made clear that this judgment will not stand in the way of the petitioner having the sale set aside or averting confirmation of the sale, in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.