IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2257 of 2009(R) ----------------------------------- PETITIONER(S): ----------------------- P.N.RAMESH KUMAR, PLOT NO.1 155, PTP NAGAR, SHASTAMANGALAM, THIRUVANANTHAPURAM. BY ADVOCATE MR.SUMAN CHAKRAVARTHY RESPONDENTS: ----------------------- 1. THE GENERAL MANAGER,THIRUVANANTHAPURAM DIST CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 2. THE AUTHORIZED OFFICER, THIRUVANANTHAPURAM DIST CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 3. THE THIRUVANANTHPURAM DIST CO-OPERATIVE BANK REP BY ITS GENERAL MANAGER. BY ADVOCATE MR. K.G.RADHAKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2257 of 2009-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of January, 2009. JUDGMENT After arguing the matter for quite some time, giving up all other contentions, the learned counsel for the petitioner submitted that his client will be able to pay off the entire outstandings by the end of April, 2009. Recording this submission, this writ petition is ordered directing that if 50% of the amount covered by the impugned demand is paid by the 30th of March, 2009, the impugned distress action will stand deferred to 30th April, 2009 to let the petitioner pay off the remaining outstandings also and thereby exclude the distress action. Such course will bring certain funds to the bank in the current financial year itself and the petitioner can pay the remaining portion as directed above. It is also submitted on behalf of the petitioner WP(C)2257/2009 -: 2 :- that he would forego the opportunity to challenge the impugned proceedings before the DRT. This is recorded. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/