IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 20311 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. SMT.ELIZABETH,AGED 86 YEARS,W/O.KURUVILA THAMARAPPILLY PUTHENPURAYILAYA MADAPPARAMBIL, MAZHAVANNOOR KARA,SOUTH MAZHAVANNOOR.PO, PERUMBAVOOR,ERNAKULAM DISTRICT. 2. SRI.KURUVILA,AGED 53 YEARS,S/O.KURUVILA, THAMARAPPILLY,PUTHENPURAYILAYA MADAPPARAMBIL, MAZHAVANNOOR KARA,SOUTH MAZHAVANNOOR.PO, PERUMBAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.P.RAVEENDRAN PILLAI RESPONDENT(S): --------------- 1. THE KERALA STATE AGRL. COMMISSION, REP. BY ITS SECRETARY, KERALA STATE AGRL. COMMISSION, ANAYARA – WORLD MARKET ROAD, THIRUVANANTHAPURAM. 2. THE KUNNATHUNADU PRIMARY CO-OP. FARMERS GRAMA VIKASA BANK, PERUMBAVOOR, REP. BY ITS SECRETARY. 3. THE JUNiOR CO-OP. INSPECTOR, SPECIAL SALE OFFICER (ERNAKULAM-PCARD BANK) (THROUGH KUNNATHUNADU TALUK GRAMA VIKASAN BANK, PERUMBAVOOR) ADV. SRI.JEEMON K.ABRAHAM FOR R2 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 20311 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st October, 2009. J U D G M E N T The petitioners challenge recovery proceedings initiated by the 2nd respondent-Co-operative Bank for recovery of loans due from the petitioners to the bank. The total amounts demanded is about Rs. 13,66,161/-. At the time of admission on 20-7-2009, this Court passed the following interim order: “The sale which is scheduled pursuant to Ext. P1 shall go on, but its confirmation will await further orders of this Court, if the petitioner remits 1/4th of the amount due before 2 p.m today.” The matter again came up on 15-9-2009 on which day, I passed the following interim order: “It is admitted by the petitioners that they have deposited only Rs. One lakh, although the direction in the order dated 20.7.2009 was to deposit 1/4th of Rs. 13,66,161/-. The counsel for the petitioners would now promise that they would pay the entire balance amount due within two months. Petitioners may prove their bona fides by paying a reasonable sum within two weeks, failing which, appropriate orders would be passed in the writ petition.” 2. Today, when the matter was taken up, counsel for the petitioners was absent. The learned counsel appearing for the bank submits that the interim order has not been complied with by paying any amount at all. Admittedly, the recovery proceedings have been initiated on the basis of an arbitration award. The petitioners have not been able to point out anything with supporting materials to discredit the arbitration award or the execution proceedings . W.P.C. No. 20311/2009 -: 2 :- In the above circumstances, I do not find any merit in the writ petition and accordingly the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.