IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 36465 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------- MADHAVAN, AGED 54 YEARS, S/O.ACHUTHAN NAIR, EDAYAPURATH HOUSE, NELLAYI.P.O, KOLATHUR DESOM, MUKUNDAPURAM TALUK, THRISSUR. BY ADVS. SRI.P.G.SURESH, SRI.C.V.MANUVILSAN, SMT.K.VIDYA, SRI.M.R.VIBIN. RESPONDENT(S): ---------------------------- 1. NELLAYI-PARAPOOKARA SERVICE CO-OPERATIVE BANK LTD.NO.R460, REPRESENTED BY ITS SECRETARY, NELLAYI, THRISSUR. 2. THE PRESIDENT, NELLAYI-PARAPOOKARA SERVICE CO-OPERATIVE BANK LTD.NO.R460, NELLAYI, THRISSUR. 3. ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), MUKUNDAPURAM, THRISSUR. 4. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. R1 & R2 BY ADVS. SRI.K.P.RAJEEVAN, SRI.P.V.KURIACHAN. R3 & R4 BY GOVERNMENT PLEADER SRI. P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36465/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SUMMONS ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE AWARD DTD. 23/07/2009 PASSED BY THE ARBITRATOR. P3: COPY OF THE REPRESENTATION DTD. 01/03/2008 PREFERRED BY THE PETITIONER TO THE ARBITRATOR. P4: COPY OF THE CIRCULAR VIDE NO.ADL (5)58888/2008 DTD. 08/01/2009 ISSUED BY CO-OPERATIVE SOCIETY REGISTRAR. P5: COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR (GENERAL) VIDE NO.CRP (2) 1422/2009 DTD. 07/02/2009. P6: COPY OF THE ORDER ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) VIDE ORDER NO.469/09 DTD. 26/03/2009. P7: COPY OF THE REPRESENTATION DTD. 28/03/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 36465 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2010 J U D G M E N T The petitioner had availed a loan of Rs.10,000/- from the first respondent bank on 1.10.1999. The chronic default in the matter of repayment made, the first respondent bank to initiate steps for realization of the amount due under the said loan account. Subsequently, the first respondent has resorted to arbitration proceedings that culminated in Ext.P2 award. Failure on the part of the petitioner to effect payment even thereafter made the first respondent to take coercive steps for the purpose of realization of the amount covered as per the award. It is in this circumstances that this writ petition has been filed. 2. I have heard the learned counsel appearing for the petitioner as also the learned counsel for the first respondent. According to the petitioner, only an amount of Rs.10,000/- is outstanding towards the loan account. However, according to the learned counsel for the first respondent, the petitioner is liable to pay an amount of Rs.31,000/- together with interest thereon. Be that as it may, admittedly, even as per the petitioner an amount of WPC. 36465/2009 : 2 : Rs.10,000/- is due under the said loan account. The learned counsel for the first respondent submits that in case the petitioner remits an amount of Rs.10,000/- and then makes an application for considering the request for writing off the balance amount in the light of Ext.P4 circular, the request of the petitioner will be considered. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to keep in abeyance all coercive steps for a period of two months. In the meanwhile, the petitioner shall pay an amount of Rs.10,000/- within a period of three weeks from today. In case, the petitioner pays the said amount, it will be open to the petitioner to make a representation for writing off the amount in terms of Ext.P4 circular and in which event, the first respondent shall consider the same expeditiously. However, till a final decision is taken thereon no further coercive steps shall be taken. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A.to Judge