IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 11654 of 2009(B) -------------------------- PETITIONER(S): ------------------ 1. P. PADMANABHAN, PADMA NIVAS, URUVACHAL P.O., MATTANNUR VIA, KANNUR DISTRICT. 2. N.SNIGDHA, W/O.NAVEEN, VIJAYA NIVAS, NEAR S.. TEMPLE, KOZHIKODE REPRESENTED BY P/A. HOLDER P.PADMANABHAN, PADMA NIVAS, URUVACHAL MATTANNUR VIA, KANNUR DISTRICT. 3. E.A.NEETHA, W/O.PADMANABHAN, PADMA NIVAS URUVACHAL P.O.,MATTANNUR VIA, KANNUR DISTRICT. 4. A.P.SANDEEP, S/O.PADMANABHAN, PADMA NIVAS, URUVACHAL P.O., MATTANNUR VIA, KANNUR DISTRICT REP. BY POWER OF ATTORNEY HOLDER P.PADMANABHAN, PADMA NIVAS, URUVACHAL P.O.,MATTANNUR VIA, KANNUR DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ------------------- 1. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCEITIES, KANNUR. 2. THE ASSISTANT REGISTRAR (GENERAL) KOOTHUPARAMBA, KANNUR DISTRICT. 3. THALASSERY TALUK RUBBER & AGRICULTURAL MARKETING CO-OPERATIVE SOCIETY LTD, IRITTY P.O., KANNUR DISTRICT REPRESENTED BY ITS SECRETARY. ADV. SRI.C.P.PEETHAMBARAN FOR R3 GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 11654 OF 2009 (B) ===================== Dated this the 6th day of July, 2009 J U D G M E N T Petitioners submit that they made fixed deposits in the 3rd respondent society, the total amount of which is Rs.24,81,133/-. According to the petitioners, even after the maturity of the deposits, despite various requests made, the Society did not refund the amount, which led them to file ARC 289 to 292/08 before the 2nd respondent. The arbitration cases were disposed of as per Exts.P9 to P12 awards. 2. The complaint of the petitioners is that the awards do not carry any provision for future interest. According to them, this was a mistake and to get the decree amended to that extent, they filed Exts.P13 to P16, praying for granting future interest at the rate of 11% per annum. These applications are pending. In order to enable them to initiate execution proceedings, they also filed Exts.P18 to P21 applications to the 2nd respondent to issue certificates in Form No. 12. These applications are also pending. 3. In this writ petition, what the petitioners seek is an order requiring the 2nd respondent to consider and pass orders on WPC 11654/09 :2 : Exts.P13 to P16 seeking amendment of decree and Exts.P18 to P21 seeking issuance of certificates in Form No.12. 4. Counsel appearing for the 3rd respondent Bank points out that awards were consent awards and that payments could not be made on account of financial crisis prevailing in the 3rd respondent. He also points out that the petitioners have already filed execution petitions numbered as 149, 153, 151 and 147/09 respectively. 5. As already noticed, the limited prayer made before me is for an order requiring disposal of Exts.P13 to P16 and Exts.P18 to P21. Admittedly, these applications are pending and the 2nd respondent, the statutory authority, is bound to consider the applications on merit. Taking into account the pendency of the aforesaid applications, this writ petition is disposed of directing the 2nd respondent to consider and pass orders on Exts.P13 to P16 and P18 to P21 referred to above with notice to the 3rd respondent and as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp