IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5392 of 2008(P) ------------------------- PETITIONER: ------------------ 1. MOHAMMED JAGEER, S/O.ABDUL KHADER, PALLITHAZHATH HOUSE, CHENNAMANGALAM VILLAGE, PARAVUR TALUK. 2. USMAN, AGED 45 YEARS, S/O.ABOOBACKER, AGRICULTURE, CHAKUTHIPARAMBIL, CHENNAMANGALAM VILLAGE, KIZHAKKEPRAM KARA. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: ---------------------- 1. THE SPECIAL SALE OFFICER/ARBITRATOR, THE PARUR CO-OPERATIVE BANK, NORTH PARUR, ERNAKULAM DIST. 2. PARUR CO-OPERATIVE BANK LTD.NO.1759, REPRESENTED BY ITS SECRETARY, NORTH PARUR, KIZHAKKEPRAM BRANCH. R1 BY SR.G.P.SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.5392 of 2008 ================================== Dated this the 14th day of February, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to the second respondent is dispensed with, preserving their liberty to move for review of this judgment, if aggrieved. Senior Government Pleader appears for the first respondent. 2. Petitioners jointly availed loan, defaulted and are facing recovery proceedings. The loans are availed in 1995. There is no reason to further delay the recovery. Since the petitioners, going by their pleadings on record, do not appear to have sufficient means to wipe off the entire amounts in lumpsum, it is directed that the impugned proceedings will stand deferred if the petitioners remit Rs.15,000/- per month, payable on WPC5392/2008 -:2:- or before the last working day of every month, commencing from February, 2008. It is also directed that if Ext.P1 is received and pending, appropriate decision thereon shall be issued. If the petitioners fail to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.