IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1102 of 2008(F)
1. KUNJAYYAPPAN, S/O. VELANDY,
... Petitioner
Vs
1. THE KERALA STATE CO-OPERATIVE TRIBUNAL,
... Respondent
2. THE ARBITRATOR CUM SALES OFFICER,
3. IRINJALAKKUDA TOWN CO-OPERATIVE BANK
For Petitioner :SMT.SALLY THOMAS CHACKO
For Respondent :SRI.N.P.SAMUEL
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :12/11/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.1102 of 2008
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Dated this the 12th day of November, 2009
J U D G M E N T
The petitioner is a defaulter in repayment of loan amount due
from him to the 3rd respondent-Co-operative Bank. The Bank obtained
a decree from the Arbitrator under Section 69 of the Kerala Co-
operative Societies Act. Challenging the same, the petitioner
approached the Tribunal. The Tribunal granted some relief in the
matter of interest. The petitioner has now filed this writ petition
challenging the orders of the Arbitrator and the Tribunal primarily in
respect of interest. However, now the petitioner only seeks facility to
pay the amounts in instalments.
2. This is opposed by the learned counsel appearing for the
respondents.
3. Having heard both sides, I am inclined to take a lenient
view in the matter. Accordingly, this writ petition is disposed of with
the following directions:
The petitioner shall pay the balance amount in ten equal monthly
instalments starting from 1.12.2009. Every subsequent instalment
shall be paid on the first working day of every succeeding month. If
the petitioner pays the instalments on the due dates without default,
coercive proceedings for recovery of the amounts in dispute shall be
2
kept in abeyance. However, if the petitioner commits default in
payment of any of the instalments, it would be open to the
respondents to take coercive proceedings without having to issue any
fresh notice or proceedings in that regard.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge