IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 WP(C).No. 35259 of 2007(V) ---------------------------------------- PETITIONER: -------------------- GOPALAN NAIR, S/O.PARAMESWARAN PILLAI, AGED 75 YEARS, KALANCHAZHIKATHU VEEDU, KAIKKULANGARA WEST, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: -------------------------- 1. THE KOLLAM CO-OPERATIVE URBAN BANK, KOLLAM. REPRESENTED BY THE SECRETARY. 2. THE ARBITRATOR CUM SPECIAL SALE OFFICER, THE QUILON CO-OPERATIVE URBAN BANK, KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) - R1 SMT.D.P.RENU – R1 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35259/2007 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DTD. 20/02/04 ISSUED TO PEITIONER BY 2ND RESPONDENT. EXT.P2: COPY OF THE AWARD IN ARC NO.1767/00. EXT.P3: COPY OF THE PAPER PUBLICATION DTD.10/11/07. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.35259 OF 2007(V) ---------------------------------------------------------------- Dated this the 20th day of June, 2008 J U D G M E N T The petitioner availed a loan from the first respondent in 1997. It appears that he was a chitty foreman. He defaulted repayment. This led to an arbitration case in 2000 and resulted in an award, which is put in execution after it was confirmed in appeal. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The petitioner seeks a direction to permit him to pay the remaining amounts in instalments. Though it was ordered so even in the interim order issued on 28-11-2007, whereby he was essentially given instalment facilities as sought for, he did not remit the amounts. For the aforesaid reasons, this writ petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/21/6/08