IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7218 of 2007(H)
1. SUDHEESH K.U., S/O UNNI,
... Petitioner
Vs
1. THE IRINJALAKUDA TOWN CO-OPERATIVE
... Respondent
2. THE ASST. REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :SRI.N.P.SAMUEL
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :14/11/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.7218 OF 2007
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Dated this the 14th day of November, 2007
JUDGMENT
There is an arbitration award against the petitioner under
the Kerala Co-operative Societies Act, 1969. That has become
final. There is, therefore, no jurisdictional error or legal
infirmity in the impugned recovery proceedings.
2. In the aforesaid circumstances, learned counsel for the
petitioner made a request that the petitioner may be permitted
to pay off the remaining understandings in instalments .
In the result, this writ petition is disposed of directing that
if the petitioner remits the entire outstandings in five equal
monthly instalments, payable on or before the 20th of every
month commencing from December, 2007, distress action
following the impugned demand shall stand dropped. It is
clarified that the time limit fixed for payment shall be treated as
peremptory and in case of default of payment of instalments as
WPC.7218/07
Page numbers
aforesaid, the benefit of this judgment shall stand recalled
automatically and the distress action shall follow.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.