IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 35991 of 2009(T) -------------------------- PETITIONER(S): --------------- JAMES MATHEW, S/O. LATE MATHEW JOSEPH, CHOORAPOYKAYIL HOUSE, ELAMGULAM, KOORALI P.O., KOTTAYAM DIST. BY ADV. SRI.V.V.SURESH RESPONDENT(S): --------------- 1. THE SALE OFFICER, ARBITRATION EXECUTION INSPECTOR, THE ELIKULAM SCB GROUP, O/O ASST. REGISTRAR OF CO-OPERATIVE SOCIETES (G), KANJIRAPPALLY -07. 2. THE SECRETARY, ELIKULAM SERVICE CO-OPERATIVE BANK LTD., NO. K.158, ELIKULAM, KOTTAYAM DIST. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. ADV. SRI.A.ANTONY FOR R2 SMT.LEELAMMA ANTONY FOR R2 GOVERNMENT PLEADER SRI.MOHAMMED HASHIM- R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.35991/2009 APPENDIX PETITIONER'S EXHIBITS: P1: true copy of the plaints filed by the second respondent before the Arbitrator. P2: true copy of the Adalath notice given to the petitioner by the first respondent. P3: true copy of the representation filed by the petitioner before the second respondent. RESPONDENTS' EXHIBITS: nil C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.35991 OF 2009 -------------------------------------------- Dated this the 7th day of September, 2010 JUDGMENT This Writ Petition has been filed mainly with the prayer to permit the petitioner to pay off the amount due to the second respondent Bank in twelve equal instalments. The petitioner has raised certain other grievances as well. Considering the fact that the petitioner mainly seeks only for a facility to enable him to pay off the debt due to the second respondent Bank in instalments and taking into account the fact that the second respondent Bank has also shown inclination to accept the same provided the petitioner pays an amount of Rs.50,000/- as the first instalment and pay off the balance amount in six equal instalments, I think this Writ Petition can be disposed of. In the circumstances, this Writ Petition is disposed of with a direction to keep recovery proceedings initiated in abeyance till 6.10.2010. In case, the petitioner pays the first instalment within the stipulated time, the respondents shall continue to keep recovery proceedings to enable the petitioner to pay the balance amount in six equal instalments to be remitted on or before 5th of every W.P.(C) NO.35991/2009 2 month. It is made clear that in case of failure on the part of the petitioner to remit the instalments as stipulated above, it will be open to the respondents to take further steps for executing the award. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.35991/2009 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010