IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19636 of 2009(Y)
1. PENNAMA SEBASTIAN, AGED 50 YEARS,
... Petitioner
Vs
1. KADANAD CO-OPERATIVE SOCIETY LTD.
... Respondent
2. SPECIAL SALES OFFICER,
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/07/2009
O R D E R
ANTONY DOMINIC, J.
-------------------------
W.P.(C.) No.19636 of 2009
---------------------------------
Dated, this the 14th day of July, 2009
J U D G M E N T
The petitioner submits that her deceased husband had availed
of a loan of Rs.2 lakhs, and she had availed of a loan of Rs.1 lakh
from the respondent Bank way back in 1994. Default was
committed. Arbitration proceedings were initiated and awards have
been rendered in favour of the 1st respondent. These awards were
not challenged and have become final. The petitioner also admits
that, on an earlier occasion, in a writ petition filed by the petitioner,
the number of which is not disclosed, this Court granted instalment
facility, and that direction also was not complied with. Now the
Bank has issued Exts.P1 & P2 sale notices proposing to sell the plot
of 1.35 acres of land and another plot of 85 cents of land
mortgaged for availing of the above loans, for realising an amount
of Rs.7,07,205/ and Rs.3,45,929/- respectively. It is at this stage,
the writ petition is filed.
2. One of the contentions raised is that the interest levied
WP(C) No.19636/2009
-2-
on the loans is in contrary to the directions of the Reserve Bank of
India. The other is regarding the non-compliance of KCS Rules.
3. In my view, none of these submissions carry any weight
at this distance of time. The awards have become final, and
therefore, these contentions cannot be appreciated. That apart this
Court will not be justified in granting instalment facility to the
petitioner for the reason that on a previous occasion, instalment
facility was granted to the petiitoner, which also has not been
complied with.
For these reasons, I am not incliened to entertain the writ
petition.
Therefore, the writ petition fails and is accordingly dismissed.
(ANTONY DOMINIC, JUDGE)
jg