Antony Dominic, J. 1. Appellant and her husband had availed of a housing loan from the first respondent bank mortgaging a property belonging to them. Default was committed and the bank filed ARC.57/03. Appellant remained ex parte and her husband contested the matter. In the ARC, Ext.P1 award was passed on 16.12.2004. Subsequently, on 25.6.2007, her husband expired. The award was not challenged by either of the parties and has become final. Later, in 2010, Ext.P2 demand notice was issued to the appellant and thereupon, she filed a revision before the Co-operative Tribunal as RP.55/10. The revision was rejected by Ext.P3 order dated 5.10.2010, on account of inordinate delay. It was challenging Exts.P1 and P3, the writ petition was filed. Learned single Judge having dismissed the writ petition, this appeal is filed.
2. Heard learned counsel for the appellant and the learned standing counsel for the respondent bank.
3. Admittedly, the award in question passed on 16.10.2004 was challenged by the appellant only in 2010 by filing RP.55/10. Even if it is true that there is no time limit specified in the Co-operative Societies Act for filing revision, law requires every aggrieved to prosecute their remedies within a reasonable time. In so far as this case is concerned, the revision was filed almost six years after the award was passed. Therefore, the revision cannot be said to have been filed within a reasonable time. In such circumstances, the revision deserved to be dismissed and has been rightly dismissed by the Tribunal. This view of the learned single Judge does not merit any interference.
4. Learned counsel contended that the appellant came to know of the award only on receipt of Ext.P2 demand notice. However, such a contention was raised only before the learned single Judge and not even before the Tribunal when it decided the RP. In such circumstances, learned single Judge rightly negatived this contention as well.
5. Be that as it may, having regard to the fact that the appellant is a widow who belongs to a backward community and on account of the financial constraints that are projected before us, we direct that the appellant will be permitted to pay the amounts due from her to the bank under Ext.P1 award in 10 equal monthly instalments. The first instalment shall be paid on or before 10.12.2014 and the subsequent instalments shall be paid on or before the 10th of every succeeding months. Subject to payment as above, revenue recovery proceedings against the appellant and her properties will be kept in abeyance. In case any default is committed in making payments as aforesaid, the bank will be at liberty to continue with the recovery proceedings.
Writ appeal is disposed of accordingly.
Sd/-
ANTONY DOMINIC, Judge.
Sd/-
ANIL K.NARENDRAN, Judge.
kkb.
/TRUE COPY/ PS TO JUDGE