IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 25684 of 2010(I) ------------------------- PETITIONER : ------------------- SARASAMMA GOPI, AGED 50 YEARS, W/O.GOPI, MOOKKANOLIL HOUSE, KOOROPADA VILLAGE, LAKKATTOOR P.O., KOTTAYAM. BY ADV. SRI.P.M.NATESAN RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR (GENERAL) OFFICE OF THE CO-OPERATIVE JOINT REGISTRAR, KOTTAYAM, PIN - 686 002. 2. SENIOR INSPECTOR OF CO-OPERATIVE SOCIETY, ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KALOOR, ERNAKULAM, KOCHIN - 17, PIN - 682 017. 3. THE ASSISTANT REGISTRAR, OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR, KOTTAYAM, PIN - 686 001. 4. PAMPADI HOUSING CO-OPERATIVE SOCIETY LTD.NO.K.371, PAMPADI, KOTTAYAM, PIN - 686 502. REPRESENTED BY ITS SECRETARY. R4 BY ADV. SRI.ROY CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25684 of 2010(I) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE AUCTION NOTICE DATED 9-6-2010. EXT.P2 : COPY OF THE APPLICATION DATED 7-8-2010 FILED BY THE PETITIONER FOR GETTING CERTIFIED COPY OF THE AWARD. EXT.P3 : COPY OF THE POSTAL RECEIPT DATED 7-8-2010. EXT.P4 : COPY OF THE DEATH CERTIFICATE DATED 1-1-2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn C.T.RAVIKUMAR, J. ----------------------------------------- W.P. (C) NO.25684 OF 2010 ---------------------------------------- Dated this the 7th day of December, 2010. JUDGMENT The petitioner is the widow of one Mr.M.P.Gopi who had availed a loan of Rs.55,000/-from the 4th respondent Bank. Due to default in re-payment the 4th respondent resorted to arbitration proceedings. Ultimately in A.R.C No.16/1999 filed by the 4th respondent an ex parte award was passed permitting the 4th respondent to realise the award amount from the loanee. On account of the failure on the part of the petitioner to pay the amount as awarded in A.R.C No.16/1999, the 4th respondent was constrained to file Execution Application No.29 of 2000. Later, Ext.P1 sale notice was served on the petitioner. As per Ext.P1 an amount of Rs.2,51,938/- was demanded from the petitioner. On receipt of Ext.P1 sale notice the petitioner approached the first respondent raising grievances that she was not served with the award in A.R.C.16/1999 and, more over, it was an ex parte award. 2. It is an admitted fact that award in A.R.C. 16/1999 has become final as the petitioner had not preferred any appeal against the same in terms of Section 82 of Kerala Co-operative Societies Act. That apart, evidently, the petitioner was served with notice in A.R.C.No.16/1999. In the counter affidavit field by W.P. (C) NO.25684 OF 2010 2 the 4th respondent it is stated thus:- “The loanee was informed from the office of the 3rd respondent about the arbitration case and he acknowledged receipt dated 13.6.1988. Summons was issued from the office of the Arbitrator on 25.5.1999 and the gist of the award was communicated on 16.6.1999”. The specific contentions remained undisputed. Therefore petitioner cannot be permitted to challenge Ext.P1 award and escape from the liability of paying the amount outstanding the loan account in terms of the award in A.R.C No.16 of 1999. As per interim order dated 16.8.2010, this Court directed the petitioner to pay an amount of Rs.50,000/-. Pursuant to the same the petitioner has remitted the said amount. The learned counsel appearing for the 4th respondent submitted that after deducting the amount remitted by the petitioner towards the loan account an amount of more than Rs.3 lakhs is presently outstanding. The learned standing counsel submitted that the petitioner could be given an opportunity to pay off the entire outstanding dues and to close the account, in 10 instalments. In view of the submission and also the contentions raised in this writ petition, it is disposed of as W.P. (C) NO.25684 OF 2010 3 hereunder:- The 4th respondent shall keep in abeyance of coercive steps to enable the petitioner to pay off all the entire liability towards the aforesaid loan amount and to close the loan account itself, in 10 equal monthly instalments commencing from 5.1.2011. The balance instalments shall be paid on the 5th day of every succeeding months. It is made clear that in case failure on the part of petitioner to remit any of instalments as directed above it will open to the 4th respondent to proceed against the petitioner, in accordance with law. C.T.RAVIKUMAR, JUDGE. mns