IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21490 of 2008(G) --------------------------------------- PETITIONER: ------------------- T.SAVITHRI, D/O LATE NARAYANAN, 60 YEARS, THACHOOTH HOUSE, KULAPULLY, SHORANUR, OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN, ADV. SRI.R.SREEHARI. RESPONDENTS: ----------------------- 1. OTTAPALAM BLOCK CO-OP HOUSING SOCIETY LIMITED NO. P.608, OTTAPALAM, REPRESENTED BY ITS SECRETARY. 2. SENIOR INSPECTOR OF CO-OP SOCIETIES, ARBITRATOR CUM SPL. SALES OFFICER, HOUSING FEDERATION, KOZHIKODE -1. R2 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.21490 of 2008 ================================== Dated this the 17th day of July, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to respondents is dispensed with preserving their right to move for review of this judgment, if aggrieved. 2. Petitioner availed a loan for repairing her house. She is facing recovery proceedings by way of exeuction of an arbitration award on account of default in repayment. It is stated that the principal amount availed was Rs.50,000/-. Having regard to the totality of the facts and circumstances and the amount involved, it is directed that if the petitioner pays Rs.10,000/- each, payable on the last working day of every month commencing from July, 2008, the impugned distress action will be withheld and if she makes WPC21490/08 -:2:- appropriate application before the first respondent, it will consider whether any ameliorative benefits could be extended to the petitioner by slashing the total outstandings. If the petitioner fails to pay 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.19.7.