IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 CRP.No. 299 of 2009() ------------------------------- AGAINST THE ORDER DATED 27/02/2009 IN EP 44/2008 IN ARC.864/2007 of MUNSIFF COURT, TIRUR. .................... REVN. PETITIONER(S): RESPONDENTS 1 & 3/ DEFENDANTS 1 & 3 --------------------------------- 1. CHANDU EDAPADATH,S/O.KANAKKARAYI, PERUMANNA AMSOM,PUTHOOR DESOM,KUTTIPALA POST, TIRUR,MALAPPURAM DISTRICT. 2. ANWAR KUNNATH,S/O.MOHAMMEDKUTTY, PERUMANNA AMSOM,PUTHOOR DESOM,KUTTIPPALA POST. BY ADVS.MR.K.P.SUDHEER SMT.P.JAYALAKSHMI RESPONDENT(S): PETITIONER/DECREE HOLDER ------------------------- PERUMANNA KLARI SERVICES,CO-OPERATIVE BANK LTD F 770,PERUMANNA,KLARI,TIRUR,MALAPPURAM DISTRICT,REPRESENTED BY ITS SECRETARY. R1 BY ADV. MR.M.SASINDRAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss ORDER ON IA. NO.1171/2009 IN CRP. NO.299/2009 DISMISSED 24/09/2009 SD/- S.S.SATHEESACHANDRAN, JUDGE TRUE COPY P.A. TO JUDGE tss S.S.SATHEESACHANDRAN, J. ----------------------------- C.R.P.No.299 OF 2009 -------------------------- Dated this the 24th day of September 2009 ------------------------------------- ORDER The revision is directed against the order dated 27/02/2009 in E.P No.44 of 2008 in ARC No.864 of 2007 passed by the learned Munsiff, Tirur. Petitioners are the judgment debtors in the above E.P which has been filed by the respondent / decree holder to execute an arbitration award passed against them in respect of a loan availed from that bank. The judgment debtors resisted the decree contending that they have no means. First judgment debtor is admittedly a member of the Scheduled Caste community. The learned Munsiff after conducting an enquiry on the merit of the plea of no means canvassed by the judgment debtors in which a witness on behalf of the decree holder and two of the judgment debtors were examined, and Ext.A1 and C.R.P.No.299 OF 2009 Page numbers Ext.A2 were exhibited, negatived the plea canvassed by the judgment debtors and ordered issue of warrant against them. That order is challenged in the present revision. 2. I heard the learned counsel on both sides. At the time of hearing a circular, No.9/2009 dated 27/02/2009 issued by the Registrar, Cooperative Societies has been brought to my notice by the learned counsel for the respondent / decree holder. The circular bearing No. CG(2)12001/2009 of Cooperative Societies Registrar's office, Thiruvananthapuram dated 27/02/2009 would show that a decision had been taken to waive the loans availed by the members of the Scheduled Caste and Scheduled Tribe up to the sum of Rs.25,000/- inclusive of the principal, interest and penalty on the basis of the decisions taken by the Finance wing of the Government. In the light of the circular as referred to above, I find that the execution court has to have a relook over the C.R.P.No.299 OF 2009 Page numbers execution proceedings relating to the execution of the award as against a member of the Scheduled Caste community. Any one of the parties to the proceedings shall cause production of the above circular before the execution court and invite its attention to that circular so that appropriate orders taking note of that directions therein can be passed. Setting aside the impugned order, the court below is directed to examine the matter afresh taking note of the observations made above. Revision is disposed as indicated above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv