IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20798 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. SAVITHA R.W/O. LATE S. SUDHAKARAN, HARISREE, THAZHAMEL P.O., ANCHAL, KOLLAM. 2. ASHIL S, S/O. SAVITHA R, HARISREE, THAZHAMEL P.O., ANCHAL, KOLLAM. 3. ATHUS S, S/O. SAVITHA R, HARISREE, THAZHAMEL P.O., ANCHAL, KOLLAM. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SMT.JESSY S.SALIM RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OP SOCITIES, THIRUVANANTHAPURAM. 2. ASSISTANT REGISTRAR (GENERAL), PUNALUR, KOLLAM DIST. 3. ANCHAL BLOCK HOUSING CO-OPERATIVE SOCIETY LTD., NO. Q 808, ANCHAL P.O., KOLLAM. 4. REGIONAL MANAGER, KERALA CO-OP HOISING FEDERATION, REGIONAL OFFICE, THIRUVANANTHAPURAM. 5. LIC OF INDIA, THIRUVANANTHAPURAM, REP. BY REGIONAL MANAGER. BY GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR SC FOR R3 AND R4 SRI. E. EASWARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.20798 OF 2009 ------------------------ Dated this the 24th day of July, 2009. JUDGMENT Husband of the first petitioner had availed of a housing loan of Rs.1,75,000/- from the 3rd respondent Bank on 27.1.2000. It is stated that as part of the loan agreement, the first petitioner's husband had subscribed a policy with LIC. Her husband expired on 29.9.2000. LIC paid only Rs.1,28,516/- to the 3rd respondent. Now demand notice has been issued to the Ist petitioner calling upon her to pay Rs.1,71,196/- and by Ext.P5, she has been informed that arbitration case will be filed for realization of the amount. 2. The case of the petitioners is that, it is due to the delay on the part of the 3rd respondent in realizing the dues from the LIC that interest accrued on the amount outstanding and the contention is that the petitioners WP(c).N.20798/09 /2/ should not be made liable for the same. In my view, this plea the petitioner should be urged before the Arbitrator if and when proceedings under Section 69 of the Kerala Co-operative Societies Act are initiated. Therefore the writ petition is dismissed leaving open the contentions. (ANTONY DOMINIC) JUDGE vi/ WP(c).N.20798/09 /2/