IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 24081 of 2007(P) -------------------------- PETITIONER(S): --------------- MOIDU,S/O.ALAVI, KORAMKULAM VEEDU, VETTEKKARA,OTTAPALAM. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES PALGHAT 2. THE OTTAPPALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.P. 621, OTTAPALAM REPRESENTED BY ITS SECRETARY. 3. SPECIAL SALE OFFICER OTTAPALAM PCARD BANK LTD, OTTAPPALAM. R1 BY GOVT. PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.24081/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE LOAN ACCOUNT PASS BOOK. EXT.P2(a): TRUE COPY OF THE RECEIPT OF PAYMENT DTD.14.11.00. EXT.P2(b): TRUE COPY OF THE RECIEPT OF PAYMENT DTD.16.5.05. EXT.P2(c): TRUE COPY OF THE RECIEPT OF PAYMENT DTD.19.5.05. EXT.P3: TRUE COPY OF THE SALE NOTICE DTD.5.7.2007. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 24.7.07 TO THE 2ND RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.24081 OF 2007 ------------------------------------------- Dated this the 30th day of March, 2010 JUDGMENT The petitioner challenges the proceedings in the course of recovery following a loan transaction in the co-operative sector. Admittedly, the petitioner is a defaulter and proceedings have been concluded as per the provisions of the Kerala State Co- operative Agricultural and Rural Development Bank Act, 1984. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. However, it is directed that if the petitioner has satisfied the interim order dated 7.8.2007 by depositing an amount of Rs.30,000/- and the sale has thus been avoided, he will be permitted to pay the entire balance amounts in four equal monthly instalments, payable on or before the last working day of every month commencing from April, 2010. The writ petition is ordered accordingly. However, if the said interim order has not been satisfied, this writ petition will stand dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.20/04.