Kunjukuttan vs The Trissur District Co-Op.Bank … on 24 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28514 of 2008(T)



1. KUNJUKUTTAN
                      ...  Petitioner

                        Vs

1. THE TRISSUR DISTRICT CO-OP.BANK LTD.
                       ...       Respondent

                For Petitioner  :SMT.S.MUMTAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/09/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                   W.P(C).No.28514 OF 2008
                  -------------------------------------------
            Dated this the 24th day of September, 2008

                              JUDGMENT

Having heard learned counsel for the petitioner and

learned counsel for the first respondent Bank, I am satisfied that

the impugned proceedings initiated under the Kerala Co-

operative Societies Act, 1969 and the arbitration award issued

thereon, as also the execution proceedings, are not vitiated on

account of any jurisdictional error or legal infirmity. However,

repelling the challenge, as a last opportunity, it is ordered that

the impugned proceedings will stand deferred if the petitioner

remits the entire outstandings in eight equal monthly

instalments, payable on or before the 10th of every month

commencing from October, 2008. If any remittance as aforesaid

is defaulted, the benefit of this judgment will stand recalled

automatically and the respondents will be at liberty to proceed

with recovery action without any further notice. The writ

petition is disposed of accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.