IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 1401 of 2008(P) --------------------------------------- PETITIONER: ------------------- P.R.SURESH, AGED 30 YEARS, S/O.P.T.GOPALAN, SURESH BHAVAN, ULLANNOOR P.O., KULANADA, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. 3. SPECIAL SALE OFFICER, (INSPECTOR OF CO-OPERATIVE SOCIETIES), ARBITRATION AND EXECUTION, PATHANAMTHITTA. 4. SECRETARY, MAZNUVELI SERVICE CO-OPERATIVE BANK LTD. NO.2570, MAZHUVELI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.1401 of 2008 ================================== Dated this the 11th day of January, 2008. JUDGMENT Learned Government Pleader appears for the first respondent. Having regard to the nature of the directions being issued hereunder, notices to respondents 2 to 4 are dispensed with, preserving their liberty to move for review of this judgment, if aggrieved. 2. Heard the learned counsel for the petitioner on the merits of the case. 3. Petitioner is a defaulter. Arbitration proceedings were finalized against him ex-parte. That award is now put in execution. There is therefore no WPC1401/2008 -:2:- jurisdictional error or legal infirmity in the impugned proceedings. 4. Petitioner, through his learned counsel, confines his submission to a request for repayment in instalments. Having regard to the totality of the facts and circumstances, while affirming the impugned proceedings, this writ petition is disposed of directing that if the petitioner remits the entire amounts due under the impugned proceedings, including accruals in four equal monthly instalments, payable on or before the 22nd January, 2008, 5th February, 2008, 26th February and 28th March, 2008, the impugned proceedings shall be dropped. If the petitioner fails to remit any of the instalments as aforesaid, WPC1401/2008 -:3:- the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.