IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 36733 of 2007(W) -------------------------- PETITIONER(S): --------------- JOHNKUTTY V.S., S/O SILVESTAR, AGED 48 YEARS, VELIYIL HOUSE, POLLATHAYIL P.O., ALAPPUZHA. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): --------------- ALLEPPY HOUSING CO-OPERATIVE SOCIETIES LTD. NO.111, THATHAMPALLY P.O., ALAPPUZHA, REP. BY ITS SECRETARY. ADV. SRI.A.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 36733/2007. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE AWARD PASSED BY ARBITRATOR ON 1.7.02. P2. COPY OF THE JUDGMENT IN W.P.(C). No. 25347/2007 OF THIS COURT. P3. COPY OF THE MEDICAL CERTIFICATE DTD.15.9.07. P4. COPY OF THE REQUEST BEFORE THE RESPONDENT DTD.15.9.07. P5. COPY OF THE REQUEST DTD.23.11.07 BEFORE THE RESPONDENT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.36733 of 2007 ================== Dated this the 31st day of July, 2009 J U D G M E N T This writ petition is filed by the petitioner challenging proceedings for recovery of amounts due from the petitioner to the 1st respondent Society by way of repayment of loan amounts. At the time of admission, this Court passed the following interim order: “Notice. The property shall not be further transferred by the Bank for a period of two months, provides the petitioner remits an amount of Rs.1,00,000/- on or before 31.12.'07 and a further sum of Rs.75,000/- on or before the last working day of January, 2008. If there is default in remitting any of the instalments as aforesaid, the benefit of this order shall stand recalled automatically.” The learned counsel for the respondent submits that no amounts were paid as directed in the interim order. In so far as the petitioner does not dispute the liability or quantum, all what the petitioner is entitled to is some accommodation in the matter of repayment. That accommodation was given by interim order dated 12.12.2007. The petitioner has not chosen to avail of that benefit. In the above circumstances, the petitioner is not entitled to any further indulgence in the matter from this Court. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2