High Court Kerala High Court

Kunjayyappan vs The Kerala State Co-Operative … on 12 November, 2009

Kerala High Court
Kunjayyappan vs The Kerala State Co-Operative … on 12 November, 2009
       

  

  

 
 
  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.

                      ==================

                       W.P(C).No.1102 of 2008

                      ==================

              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