IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19980 of 2008(C) -------------------------- PETITIONER: ------------ MEENAKSHI, W/O.LATE NARAYANAN, CHETTIKKAD PARAMBU, PALAPRAM POST,OTTAPALAM TALUK. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- 1. THE GENERAL MANAGER, OTTAPALAM CO-OP URBAN BANK LTD., NO. F 1647, OTTAPALAM. 2. THE SPL. SALE OFFICER FOR OTTAPALAM CO-OP URBAN BANK LTD., NO.F.1647, OFFICE OF THE ASSITANT REGISTRAR OF CO-OP SOCIETIES (G), OTTAPALAM. R1 BY ADV.SRI.VINOD MADHAVAN R2 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19980 OF 2008 ------------------------------------------- Dated this the 3rd day of July, 2008 JUDGMENT Heard learned counsel for the petitioner, Adv.sri.Vinod Madhavan for the first respondent and learned senior Government Pleader for the second respondent. 2. The petitioner availed a loan in 2004. She failed to repay. Unfortunately, she lost her husband thereafter and faced with distress action. I have perused the materials on record. Having heard counsel on either side and having regard to the nature of the transaction, including the fact that if the transaction is treated as a running account, it will continue for a period of 60 months, this writ petition is disposed of repelling all contentions against the impugned distress action, however, directing that if the petitioner pays off the entire outstandings, including accruals, by remitting amounts at the rate of Rs.4,000/- per month, payable WPC.19980/08 Page numbers on or before the 28th of every month commencing from July, 2008, distress action shall stand dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.3/7.