IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 28514 of 2008(T) -------------------------- PETITIONER(S): --------------- KUNJUKUTTAN, S/O.CHELLAN, NADAYANKOD COLONY, MALESAMANGALAM, THIRUVILWAMALA, THALAPPILLY TALUK. THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE TRISSUR DISTRICT CO.OP.BANK LTD. PAZHAYANNOOR BRANCH, REP. BY ITS SECRETARY PAZHAYANNOOR TRISSUR. 2. THE SPECIAL SALE OFFICER, TRISSUR DISTRICT CO.OP.BANK, HEAD OFFICE, TRISSUR. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT CO.OP.DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. R1, R2 BY ADV.SRI.V.G.ARUN SRI.T.R.HARIKUMAR R3 BY GOVT. PLEDER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28514 OF 2008 ------------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT Having heard learned counsel for the petitioner and learned counsel for the first respondent Bank, I am satisfied that the impugned proceedings initiated under the Kerala Co- operative Societies Act, 1969 and the arbitration award issued thereon, as also the execution proceedings, are not vitiated on account of any jurisdictional error or legal infirmity. However, repelling the challenge, as a last opportunity, it is ordered that the impugned proceedings will stand deferred if the petitioner remits the entire outstandings in eight equal monthly instalments, payable on or before the 10th of every month commencing from October, 2008. If any remittance as aforesaid is defaulted, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to proceed with recovery action without any further notice. The writ petition is disposed of accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.