IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27778 of 2008(F) ------------------------------------- PETITIONER: ------------------- JAMEELA M.T., W/O.MUHAMMED ALI, NAITHAKKOTTIL HOUSE, PALAKKADAVU, KARKIDAMKUNNU P.O., MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ---------------------- 1. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, JUDGES AVENUE, KALOOR, COCHIN - 17, REP. BY THE MANAGING DIRECTOR. 2. THE KUMARAMPUTHUR CO-OPERATIVE HOUSING SOCIETY LTD.NO.P-813, MANNARKKAD COLLEGE P.O. PALAKKAD DISTRICT. 3. THE ARBITRATOR-CUM-SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE-6. ADV.SRI.T.R.HARIKUMAR & SRI.V.G.ARUN, SC, FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------------------------------------- W.P.(C) NO. 27778 OF 2008 (F) ---------------------------------------------------------------------- Dated this the 19th day of September, 2008 J U D G M E N T Having heard the learned counsel for the petitioner and Adv.Sri.T.R.Harikumar, standing counsel for the respondent 1, notice to respondents 2 and 3 is dispensed with, preserving their right to move for review of this judgment, if aggrieved. 2. The petitioner, a school teacher, availed a housing loan of Rs.3 lakhs in March, 2001 and defaulted in repayment. Going by the schedule to Exhibit P1, it appears that the building was constructed by utilising the loan. According to the petitioner, her husband who was carrying on a business in manufacture of hollow bricks, lost in that business and the petitioner who had been paying the instalments, later committed default only on account of the financial strain of the family. W.P.(C) No.27778/2008 - 2 - 3. The petitioner faces Exhibit P1 notice for sale in the course of execution of an arbitration award under the Kerala Co- operative Societies Act. No ground of jurisdictional error or legal infirmity in the impugned proceedings is pointed out. I do not find any such error and the challenge against the recovery proceedings fails. Faced with this situation, the learned counsel for the petitioner states that the petitioner gives up all other contentions and requests for an opportunity to wipe off the entire outstandings in instalments. Having heard the learned counsel for the parties and having regard to the facts and circumstances, with the materials on record, it is ordered directing that if the petitioner deposits at the rate of Rs.one lakh, payable on or before the sixth of every month, commencing from October 2008, the impugned distress action will be held back to permit the petitioner to pay off the entire outstandings including accruals. It is also clarified that this judgment will not stand in the way of respondents 1 or 2 W.P.(C) No.27778/2008 - 3 - deciding on re-scheduling or renewing the transaction on such terms as it deems fit and that the petitioner has to deposit amounts in view of the decision to be taken by the respondents 1 and 2, as stated above. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/19/9 // True copy // P.A. to Judge.