IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 14618 of 2007(M) ------------------------------------ PETITIONER: ------------------ MARIYUMMA P., W/O. SAIDALI, CHAKKALIPRAMBIL HOUSE, KADAKASSERY, AYINKALAM (P.O), MALAPPURAM DIST. BY ADV. SRI.T.K.AJITH KUMAR RESPONDENTS: ----------------------- 1. MALAPPURAM DISTRICT CO-OPERATIVE BANK, MALAPPURAM (P.O), MALAPPURAM DIST., REPRESENTED BY ITS SECRETARY. 2. GENERAL MANAGER IN-CHARGE (THE AUTHORISED OFFICER), MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., MALAPPURAM DIST. R1-R2 BY ADV. SRI.U.K.RAMAKRISHNAN SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 14618/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTICE DT. 20/3/2007 ISSUED BY THE R2. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.14618 OF 2007 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT Heard learned counsel for the petitioner and learned standing counsel for the Bank. The impugned distress action has been initiated on account of a loan transaction, which is not in dispute. The amount due is also not in dispute. I do not find any jurisdictional error or legal infirmity in the impugned action. Under such circumstances, confirming the impugned proceedings, this writ petition is disposed of directing that if the petitioner pays off the outstandings in five equal monthly instalments payable on or before the 15th of every month, commencing from march, 2008, the distress action shall stand deferred and dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled and the respondents will be at liberty to forthwith proceed with distress action. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.