IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21098 of 2008(J) -------------------------------------- PETITIONER: ------------------- ABHILASH, KURIKALLUMPURATH, NEDUMKALAYIL, KOIPURAM, THIRUVALLA TALUK, PATHANAMTHITTA. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. RESPONDENTS: ----------------------- 1. JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. 2. ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVALLA. 3. SALE OFFICER, PRIMARY CO-OPERATIVE AGRICULTURL RURAL DEVELOPMENT BANK,THIRUVALLA. 4. SECRETARY, PRIMARY CO-OPERATIVE AGRICULTURAL AND DEVELOPMENT BANK, THIRUVALLA. 5. PURUSHOTHAMAN, KURIKALLAMPURATHU, NADUMKALAYIL, KOIPURAM, THIRUVALLA TALUK, PATHANAMTHITTA. R1 TO R3 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.21098 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of July, 2008. JUDGMENT Petitioner was one of the respondents in an arbitration proceedings in relation to a loan transaction for which he was a guarantor. His father was the principal debtor. Though the arbitration award was ex parte, its finality and the initiation of execution proceedings on its basis are beyond challenge on any jurisdictional error or legal infirmity. Faced with this situation, the learned counsel for the petitioner confines his submissions to a request that the petitioner may be permitted to pay off the outstandings in instalments and save the property from distress action and also for a direction to the bank to consider extending such ameliorative benefit as may be available, having regard to the nature of the loan transaction which is stated to be for an agricultural purpose availed by a WP(C)21098/2008 -: 2 :- farmer. Having regard to the totality of the facts and circumstances, repelling all contentions, this writ petition is ordered directing that respondents 3 and 4 will consider the case of the petitioner for granting ameliorative benefits as may be available to reduce the total outstandings and if any such benefit is so extended, the recoverables on account of the impugned proceedings will stand trimmed down to that extent. Pending such consideration, distress action would stand deferred, if the petitioner deposits at the rate of Rs.25,000/- per month payable on or before the last working day of every month commencing from July, 2008, without fail. If there is default in depositing any of the instalments as afore-directed, the benefits of this judgment shall stand recalled and the writ petition dismissed automatically. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/140708