IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 21997 of 2009(T) --------------------------------------- PETITIONER(S): ---------------------- LEELAMMA MARKOSE, AGED 50 YEARS S/O.LATE V.M. MARKOSE, VETTIYIL HOUSE POOTHAKUZHY PO, PAMPADY. BY ADV. SRI.JINU JOSEPH RESPONDENT(S): -------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 2. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATOR CUM SPECIAL SALE OFFICER KERALA STATE CO-OPERATIVE HOUSING FEDERATION ERNAKULAM, KOCHI. 3. PAMPADY HOUSING CO-OPERATIVE SOCIETY LTD NO.K 371, PAMPADY, KOTTAYAM, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER MR.M.A. ASIF. R3 BY ADV. SRI.ROY CHACKO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21997 of 2009(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHEMOTHERAPHY PROTOCOL DATED 27/04/2004. EXT.P2: COPY OF THE DEATH CERTIFICATE DATED 06/07/2006. EXT.P3: COPY OF THE RECEIPT DATED 14/01/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P3(a): COPY OF THE RECEIPT DATED 11/02/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P3(b): COPY OF THE RECEIPT DATED 05/06/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P3(c): COPY OF THE RECEIPT DATED 06/07/2009 ISUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE NEWS THAT APPEARED IN MALAYALA MANORAMA DATED 10/06/2009. EXT.P5: COPY OF THE POST CARD LETTER DATED 11/05/2009 ISSUED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE CERTIFICATE DATED 29/07/2009 ISSUED BY THE VILLAGE OFFICER, PAMPADY. EXT.P7: COPY OF THE SALE NOTICE DATED 01/07/2009 ISSUED BY 2ND RESPONDENT. EXT.P8: COPY OF THE GO(MS)NO.21/2009/HSG DATED 20/05/2009. RESPONDENT'S EXHIBITS: EXT.R3(a): COPY OF THE MORTGAGE DEED DATED 23/09/1996 EXECUTED BY THE PETITIONER AND HER HUSBAND IN FAVOUR OF THE 3RD RESPONDENT. EXT.R3(b): COPY OF THE REPRESENTATION DATED 15/01/2010 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.R3(c): COPY OF THE COMMUNICATION DATED 17/02/2010 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.21997 OF 2009 -------------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT The petitioner's late husband had availed a loan of Rs.75,000/- from the third respondent in the year 1995. Default in the repayment of instalments towards the said loan account made the third respondent to resort to arbitration proceedings and that ultimately culminated in an award in ARC.No.105/1998. The failure on the part of the petitioner to pay off the amount awarded constrained the third respondent to resort to further proceedings for the purpose of executing the award. Subsequently, the petitioner has been issued with Ext.P7 notice. As per the same, an amount of Rs.2,53,638/- was demanded. Ext.P7 was issued as early as on 1.7.2009. This Writ Petition has been filed challenging Ext.P7 and also seeking for a direction to the respondents to write off the loan amount in terms of Ext.P5. 2. A bare perusal of Ext.P4 would reveal that the same is totally inapplicable in the case of the petitioner considering the nature of the loan availed. When faced with such a situation, the learned counsel for the petitioner submitted that the petitioner would pay off the entire liability W.P.(C) NO.21997/2009 2 provided some time is granted therefor. The learned counsel appearing for the third respondent submitted that considering the fact that the loan was availed as early as in 1995 and the amount involved is more than 2 ½ lakhs, the petitioner could not seek further time after suffering an award in ARC No.105/1998. The learned counsel for the petitioner submitted that the petitioner would clear off the entire arrears outstanding towards the said loan account in case the petitioner is given six months' time for that purpose. After hearing the learned counsel on both sides, this Writ Petition is disposed of as hereunder:- The respondents shall keep in abeyance all coercive steps initiated as per Ext.P7 for a period of six months. In the meanwhile, the petitioner has to clear off the entire arrears demanded as per Ext.P7 and the interest accrued thereafter. The petitioner shall pay an amount of Rs.50,000/- within a period of one month from today. The balance amount shall be paid within a further period of five months. It is made clear that in case of failure on the part of the petitioner to pay of the entire liability within the above stipulated period, it will be open to the third respondent to continue with the proceedings initiated as per Ext.P7. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.21997/2009 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.21997/2009 4