The petitioner is aggrieved with the award passed under Section 69 of the Co-operative Societies Act,(Kerala), 1969. This Court by an interim order dated 09.03.2011 recorded the undertaking of the petitioner that the entire amount as per Ext.P1 award would be satisfied, provided the petitioner is granted sometime. This Court hence directed consideration of the eligibility of the petitioner, under circulars 63/10 and 19/11 and also directed the Bank to issue a statement in that regard. A decision was directed to be taken in the matter. Neither the respondent Bank has filed a statement nor the petitioner pursued the matter by intimating this Court as to what actually transpired after the interim direction aforementioned. In any event, the recovery has been kept in abeyance from the date of interim order. Four years have elapsed and there is no point in keeping the matter pending. In such circumstance, the writ petition is disposed of on the following terms:- WPC.No.29783/2010 : 2 :
(i) The petitioners shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 15.11.2014.
(iii) The respondent shall grant twelve monthly instalments for the payment of the balance dues, starting from 01.12.2014 and followed up on the 1st of each succeeding month.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 12th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 15.11.2014 which shall be satisfied by the petitioner on the 1st of the succeeding month.
WPC.No.29783/2010 : 3 :
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Since the petitioner has not chosen to apprise this Court on what happened with respect to the decision directed to be taken on the circular, the petitioner cannot have any subsisting claim on the circulars.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with, and if the petitioner does not approached the respondent Bank within the time stipulated herein.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge