IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 14776 of 2008(H) -------------------------------------- PETITIONER: ------------------ M.M.KALIRAJAN, AGED 51 YEARS, S/O.MUTHUNADAR, SURYA BHAVAN, NIRMALAGIRI, KUTHUPARAMBA. BY ADV. SRI.C.KHALID SRI.N.GOPITHA PANICKER SRI.R.O.MUHAMMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: ----------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUTHUPARAMBA, KANNUR DISTRICT. 2. THE SPECIAL SALES OFFICER, KUTHUPARAMBA CO-OPERATIVE RURAL BANK, KUTHUPARAMBA, KANNUR DISTRICT. 3. THE SECRETARY, CO-OPERATIVE RURAL BANK, KUTHUPARAMBA. R1, R2 BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 14776/2008-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 28/04/08. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENSTS 2 & 3 DATED 07/05/08. EXT.P3: COPY OF THE RECEIPTS OF EXT.P2 APPLICATION BY THE RESPONDENTS 2 & 3. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.14776 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. JUDGMENT 1.The petitioner availed certain amounts from the third respondent and defaulted in repayment. That led to arbitration proceedings under the KCS Act resulting in an award; followed by execution. 2.In terms of the interim order, the petitioner has remitted a total amount of Rs.35,000/- by now. This means that the remaining amount, going by Ext.P1, will be above Rs.50,000/- as on 30-4- 2008. Under such circumstances, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.7,500/- per month payable on before the 20th of every month commencing from November, 2008, the respondents will drop the proceedings on satisfaction of outstandings. Having regard to the marginalized WP(C)14776/2008 -: 2 :- sector to which the petitioner belongs, any representation by him will also be appropriately considered by the creditor third respondent society for reduction in the total outstandings either by way of interest or otherwise. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/171008