IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7489 of 2009(E)
1. A.R.SHEELA,
... Petitioner
2. S.RAMACHANDRAN,
Vs
1. THE BRANCH MANAGER,
... Respondent
2. THE SPECIAL SALE OFFICER,
For Petitioner :SRI.S.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :11/03/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
-------------------------------------------
W.P(C).No.7489 OF 2009
-------------------------------------------
Dated this the 11th day of March, 2009
JUDGMENT
The petitioners suffered an arbitration award under the
Kerala Co-operative Societies Act, 1969. That has been put in
execution. The proceedings have reached the stage of sale. The
petitioners’ request is that the demand for penal interest and
further incidentals may be waived to let them save their land and
residence from distress action. The matter is now pending
before the second respondent in connection with the sale. Since
there is no jurisdictional error or legal infirmity in the impugned
proceedings, the petitioners can work out their remedy before
the second respondent. If the petitioners are entitled to the
benefit of any of the circulars issued by the Registrar of Co-
operative Societies as also any to waiver which the first
respondent bank any extent, they would be entitled to claim
those benefits through respondents 1 and 2, before the sale
takes place. Accordingly, it is directed that if the petitioners
deposit an amount of Rs.10,000/- on or before 28.3.2009,
WPC.7489/09
Page numbers
respondents 1 and 2 will consider whether they are entitled to
the benefit by way of the circulars and also for any relief to pay
off the remaining amounts in instalments, waiving any penal
charges as may be permitted at the discretion of the first
respondent. The sale shall stand adjourned if the petitioners
deposit an amount of Rs.5,000/- tomorrow.
The writ petition is disposed of with the above directions.
Sd/-
THOTTATHIL B.RADHAKRISHNAN
Judge
kkb.11/3.