IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 3362 of 2009(A) ------------------------------------- CMP.NO.5518/2008 OF C.J.M.,TRIVANDRUM. .................... PETITIONER: ------------------- S.RAJENDRAN,S/O.SADASIVAN, AGED 58 YEARS, RESIDING AT CHERIAKONATH VEEDU, ATHIYANOOR, ARALUMOODU, THIRUVANANTHAPURAM. BY ADVS. SMT.MAJIDA.S, MR.K.RAJESH KANNAN. RESPONDENT: ---------------------- STATE BANK OF TRAVANCORE REGION-II, REPRESENTED BY THE AUTHORIZED OFFICER, RADHAKRISHNAN NAMPOOTHIRI, S/O.PARAMESWARAN NAMPOOTHIRI, AGED 51 YEARS,CHIEF MANAGER (ADVANCES),ZONAL OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM. BY ADV. MR.R.S.KALKURA, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3362 of 2009-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009. JUDGMENT Following the interim order, the petitioner has deposited an amount of Rs.1,50,000/-. As of now, there is dispute between the parties as to the remaining outstandings. While the petitioner states that the remaining amount is only Rs.40,000/-, the bank would state that it is around Rs.90,000/-. Taking into consideration the deposits already made, the bank will issue to the petitioner a statement reconciling the deposits. The bank will also extend an opportunity to the petitioner to request it to reduce the total outstandings with its discretion. With the aforesaid, leaving open the question of the correctness of the total amount fixed for recovery, this writ petition is ordered directing WP(C)3362/2009 -: 2 :- that if the petitioner pays the entire amounts as may be demanded by the bank following the aforesaid within a period of 45 days from now, the impugned distress action would be dropped. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/060409