IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 14151 of 2005(I) ------------------------------------ PETITIONER: ------------------ SMT.KAMALADEVI, AGED 58 YEARS, W/O. LATE S.N. PILLAI, KAMALALAYAM, EROOR P.O., VIA. THRIPUNITHURA. BY ADV. SRI.P.K.JOSE RESPONDENTS: ---------------------- 1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS MANAGER, ERNAKULAM, KOCHI-30. 2. THE INSPECTOR OF CO-OPERATIVE SOCIETIES, SPECIAL SALE OFFICER, DIST.CO-OP. BANK, ERNAKULAM, KOCHI-30. R2 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN R1 BY ADV. SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).14151/2005-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF DEATH CERTIFICATE DATED 05/01/04 ISSUED BY THE CORPORATION OF KOCHI. EXT.P2: COPY OF THE NOTICE DATED 12/01/04 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF REPLY DATED 16/03/04 BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF NOTICE DATED 29/04/05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.14151 of 2005-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT 1.The petitioner faces recovery proceedings on account of an arbitration award which has become final. Her husband died on 14-12-2003 leaving behind him the petitioner and three children, including a daughter. The impugned action is taken under the provisions of the Kerala Co- operative Societies Act and Rules in furtherance of the arbitration award. There is, therefore, no jurisdictional error or legal infirmity in such proceedings. 2.It is seen that an interim order was issued on 13-5-2005 deferring action for a period of eight weeks, if the petitioner deposits an amount of Rs.1.5 lacs within one month from that date. If such condition was complied with by the WP(C)14151/2005 -: 2 :- petitioner and the execution proceedings are not yet concluded, the first respondent will consider whether any ameliorative benefit could be extended as regards future interest in terms of any of the circulars binding on the first respondent. Without prejudice to the above, the writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708