BABU.P.J v. THE TRICHUR URBAN CO-OPERATIVE BANK LIMITED NO.87
Case at a glance
- Decided
- 13 Jul 2007
- Bench
- THOTTATHIL B RADHAKRISHNAN
Outcome
Disposed of
Under such circumstances, this writ petition is disposed ofdirecting that recovery proceedings against the petitioners willstand withheld if they continue to remit at the rate of Rs
Provisions considered
Judgment
Operative part
THOTTATHIL B.RADHAKRISHNAN, J.-------------------------------------------W.P(C).No.23381 OF 2004------------------------------------------- Dated this the 13th day of July, 2007JUDGMENTPetitioners availed a loan from the first respondent Bank. Going by Ext.P1, the Bank initiated action under the Kerala Co-operative Societies Act, 1969 and such proceedings ended in an award in favour of the first respondent. Recourse to execution resulted in issuance of the impugned Ext.P1. The challenge of the petitioners is on the ground that they have no notice of the arbitration proceedings. Whatever that be, at least as perExt.P1, they have known about the award. There is no reason why they could not have moved the competent authority if at all they have any grievances to be voiced against the award as such. On to the merits of the case, the loan is not disputed, the liability to pay interest is not disputed and the pleadings in the writ petition do not disclose any serious dispute as to the liability, subject to the contention that certain remittances have not been given due credit. WPC.23381/04Page numbersOn the basis of the interim order dated 6.8.2004, it appears that the petitioners had remitted an amount of Rupees One Lakh. Under such circumstances, this writ petition is disposed of directing that recovery proceedings against the petitioners will stand withheld if they continue to remit at the rate of Rs.20,000/-per month, payable on or before the 20th of every month, commencing from August, 2007 and thereby wipes off the entireoutstandings in terms of the award. No other questions arises for decision. No costs. Sd/-THOTTATHIL B.RADHAKRISHNAN,Judgekkb.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Under such circumstances, this writ petition is disposed ofdirecting that recovery proceedings against the petitioners willstand withheld if they continue to remit at the rate of Rs
Which statutory provisions did this judgment involve?
Kerala Co-operative Societies Act, 1969.
Which court decided this case, and when?
Kerala High Court, on 13 Jul 2007. The bench was THOTTATHIL B RADHAKRISHNAN.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.