High Court Kerala High Court

T.Savithri vs Ottapalam Block Co-Op on 17 July, 2008

Kerala High Court
T.Savithri vs Ottapalam Block Co-Op on 17 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21490 of 2008(G)


1. T.SAVITHRI, D/O LATE NARAYANAN,
                      ...  Petitioner

                        Vs



1. OTTAPALAM BLOCK CO-OP
                       ...       Respondent

2. SENIOR INSPECTOR OF CO-OP SOCIETIES,

                For Petitioner  :SRI.E.R.VENKATESWARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :17/07/2008

 O R D E R
         Thottathil B. Radhakrishnan, J.
        ==================================
              W.P.(C)No.21490 of 2008
        ==================================
       Dated this the 17th day of July, 2008.


                     JUDGMENT

Having regard to the nature of the directions

being issued hereunder, notice to respondents is

dispensed with preserving their right to move for

review of this judgment, if aggrieved.

2. Petitioner availed a loan for repairing

her house. She is facing recovery proceedings by

way of exeuction of an arbitration award on account

of default in repayment. It is stated that the

principal amount availed was Rs.50,000/-. Having

regard to the totality of the facts and

circumstances and the amount involved, it is

directed that if the petitioner pays Rs.10,000/-

each, payable on the last working day of every

month commencing from July, 2008, the impugned

distress action will be withheld and if she makes

WPC21490/08

-:2:-

appropriate application before the first

respondent, it will consider whether any

ameliorative benefits could be extended to the

petitioner by slashing the total outstandings. If

the petitioner fails to pay any of the instalments

as aforesaid, the benefit of this judgment will

stand recalled automatically and the respondents

will be at liberty to forthwith proceed with

distress action.

Writ petition is disposed of in the above

terms.

Thottathil B.Radhakrishnan,
Judge.

sl.19.7.