IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20798 of 2009(T)
1. SAVITHA R.W/O. LATE S. SUDHAKARAN,
... Petitioner
2. ASHIL S, S/O. SAVITHA R,
3. ATHUS S, S/O. SAVITHA R,
Vs
1. REGISTRAR OF CO-OP SOCITIES,
... Respondent
2. ASSISTANT REGISTRAR (GENERAL),
3. ANCHAL BLOCK HOUSING CO-OPERATIVE
4. REGIONAL MANAGER, KERALA CO-OP
5. LIC OF INDIA, THIRUVANANTHAPURAM,
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :24/07/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.20798 OF 2009
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Dated this the 24th day of July, 2009.
JUDGMENT
Husband of the first petitioner had availed of a
housing loan of Rs.1,75,000/- from the 3rd respondent
Bank on 27.1.2000. It is stated that as part of the loan
agreement, the first petitioner’s husband had subscribed a
policy with LIC. Her husband expired on 29.9.2000. LIC
paid only Rs.1,28,516/- to the 3rd respondent. Now
demand notice has been issued to the Ist petitioner calling
upon her to pay Rs.1,71,196/- and by Ext.P5, she has been
informed that arbitration case will be filed for realization of
the amount.
2. The case of the petitioners is that, it is due to the
delay on the part of the 3rd respondent in realizing the dues
from the LIC that interest accrued on the amount
outstanding and the contention is that the petitioners
WP(c).N.20798/09 /2/
should not be made liable for the same.
In my view, this plea the petitioner should be urged
before the Arbitrator if and when proceedings under Section
69 of the Kerala Co-operative Societies Act are initiated.
Therefore the writ petition is dismissed leaving open the
contentions.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).N.20798/09 /2/