K.M.Basheer vs Assistant Registrar … on 10 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19100 of 2008(W)


1. K.M.BASHEER, S/O.MOHAMMED HAJI,
                      ...  Petitioner

                        Vs



1. ASSISTANT REGISTRAR CO-OPERATIVE
                       ...       Respondent

2. THE MANAGER, PERINTHALMANNA URBAN

                For Petitioner  :SRI.VIJU ABRAHAM

                For Respondent  :SRI.P.V.LOHITHAKSHAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :10/11/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                   W.P(C).No.19100 OF 2008
                  -------------------------------------------
            Dated this the 10th day of November, 2008


                              JUDGMENT

The petitioner availed a business loan in the form of Over

Draft facility. Remittances were not duly made. This led to

arbitration proceedings under the Kerala Co-operative Societies

Act, 1969 and resultant execution proceedings. As per Ext.P1,

certain concessions were granted for repayment by way of One

Time Settlement. Ext.P1 no more survives as no payment was

made within the time stipulated therein. Following the interim

order, only an amount of Rs.35,000/- has been remitted as the

first instalment thereunder. No subsequent payments were

made. In the aforesaid circumstances, no direction need be

issued to the bank to consider any representation of the

petitioner for instalment facility. The writ petition fails. The

same is accordingly dismissed.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.