IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6283 of 2009(E) ---------------------------------------- PETITIONER(S): ---------------------- TONY VARGHESE, S/O. VARGHESE, S/O. VARGHESE, PADAYTTIL HOUSE, VENGOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM. BY ADVS. MR.KURIAN ANTONY EDASSERY SMT.ANN EMIL JOSEPH MR.BOSE K.THACHIL RESPONDENT(S): ------------------------- 1. THE VENGOOR SERVICE CO-OPERATIVE SOCIETY LTD. NO.2793, REP.BY ITS SECRETARY, VENGOOR , KIDANGOOR P.O., ERNAKULAM DISTRICT. 2. SALE OFFICER, CO-OPERATIVE SOCIETY SALES OFFICE, ALUA, ERNAKULAM DISTRICT. 3. ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE ASSISTANT REGISTRAR OFFICE, ALUVA, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER MR.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, ALONG WITH WPC. NO.6327 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ============================== WP(C) Nos. 6283 & 6327 of 2009 ============================== Dated this the 26th day of February, 2009 JUDGMENT 1. Notice to first respondent dispensed with, preserving the right to move for review of this judgment, if aggrieved. 2. Petitioner in WP(C) 6283 of 2009 is the wife of the petitioner in WP(C)6327 of 2009. Both of them availed two small loans from the first respondent. On account of non-payment of the amounts, the society initiated arbitration proceedings. This led to execution of arbitration awards. The petitioners tried to project a case that they belong to financially weaker section and have social disabilities and have to look after a family, consisting of two children also. They accordingly state that they may be granted some measure of soft repayment to escape from further execution of the award. In terms of the Circulars 1 and 5 of 2009, petitioners may be entitled to some WPC.6283/09 & 6327/09 Page numbers benefit. Whether the loan was availed by stating that it was for agricultural purpose or otherwise, bank as also the officers enforcing the award, should have a pragmatic approach, particularly regarding the loans availed by persons in the lowest or lower level of status in the society. There is no reason why the benefit of these circulars are not extended. It has also to be considered whether the petitioners are to be provided with sufficient instalment facility to pay off the entire outstandings, particularly when they say that they lost in some cultivation, including in vanila, which they attempted. 3. In the aforesaid circumstances, the writ petitions are ordered directing that the impugned proceedings will stand suspended, if the petitioners remit together @ Rs.3000/- per month payable on or before 10th of every month, commencing from March 2009, to be equally credited to both the loan accounts. The third respondent will consider whether petitioners are WPC.6283/09 & 6327/09 Page numbers entitled to the benefit of the aforesaid circulars and other reliefs, in terms of any other circulars that may be enforced. The distress action will be regulated in terms of what is aforesaid. It should also be possible for the third respondent to include the name of the petitioners for any Special Adalath of the Co-operative Department before 28.2.2009. Sd/- THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/26/2