IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 26060 of 2010(F) --------------------------------------- PETITIONER(S): --------------------- K.DAMODARAN, S/O.MANIKOM, CHEKKIYIL HOUSE, CHALAD, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): -------------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH, REPRESENTED BY ITS MANAGER. 2. THE SALE OFFICER/DEPUTY REGISTRAR, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, KOHZIKODE. 3. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. R1 TO 3 BY ADV. MR.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- W.P. (C) NO. 26060 OF 2010 ---------------------------------------- Dated this the 9th day of September, 2010. JUDGMENT The petitioner availed a loan for Rs.4,40,000/- from the first respondent bank on 10.8.1995. On account of his continued default in remittance of installment amounts the first respondent bank was constrained to resort to arbitration proceedings. Ext.P1 is the award. Pursuant to the award the first respondent issued a demand notice on 24.5.2010 requiring the petitioner to pay an amount of Rs.6,53,145/- including the cost and interest from 1.4.1999. The contention of the petitioner is that thereafter he had remitted various amounts on diverse dates to the tune of RS.2 lakhs. According to the first respondent the petitioner is liable to pay a further amount of 6 lakhs plus interest towards the said loan amount. However, the petitioner disputes the same and raising his objections to the quantification of the amount and requesting for remission, the petitioner has already approached the bank through Ext.P4 representation dated 9.7.2010 addressed to the 3rd respondent. It is apprehending coercive steps during the pendency of the said representation that this writ petition has W.P. (C) NO. 26060 OF 2010 2 been filed by the petitioner. In view of the disputatious facts, I do not propose to consider the merits of the rival contentions. However, I am of the view that this writ petition can be disposed of on the following lines:- In case petitioner pays an amount of Rs.1 lakh on or before 30.9.2010 the respondent shall not resort to coercive steps for effecting recovery of the balance amount before disposing Ext.P4 representation submitted by the petitioner. In case the petitioner remits or deposits the amount within the stipulated time, said steps shall be kept in abeyance for a further period of one month and the 3rd respondent shall, in the meanwhile, consider and pass orders on Ext.P4 representation. In such eventuality, further action would be subject to the decision on Ext.P4 representation. This writ petition is disposed of accordingly. C.T.RAVIKUMAR, JUDGE. mns