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. 15409 of 2008(H) ------------------------------------- PETITIONER: ------------------ V. PARUKUTTY, AGED 63, W/O. VILAKAPPILLY LATE PARAMESWARAN NAIR, AYYANTHOLE VILLAGE, DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN SMT.M.M.DEEPA SRI.K.RAVI (PARIYARATH) RESPONDENTS: ---------------------- 1. THE AYYANTHOLE SERVICE CO-OPERATIVE BANK LTD.NO.494, AYYANTHOLE, REG.NO.494,THRISSUR-3 REP. BY ITS MANAGER. 2. THE SPECIAL SALE OFFICER, AYYANTHOLE-MUNDOOR GROUP, OFFICE OF THE ASSISTANT REGISTRAR (G) OFFICE, THRISSUR. 3. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, AYYANTHOLE, THRISSUR. 4. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATIVE, SECRETARIAT, THIRUVANANTHAPURAM. R2 TO R4 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN R1 BY ADV. SRI.C.E.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15409/2008-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 16/02/06. EXT.P2: COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 08/05/07. EXT.P3: COPY OF THE SALE NOTICE ISSUED TO THE PETITIONER DATED 22/04/08. EXT.P4: COPY OF THE RECEIPT ISSUED IN THE NAME OF THE PETITIONER BY THE FIRST RESPONDENT DATED 27/07/07. EXT.P5: COPY OF THE RECEIPT FOR RS.10,000/- ISSUED IN THE NAME OF THE PETITIONER DATED 16/02/06. EXT.P6: COPY OF THE RECEIPT FOR RS.35,000/- ISSUED IN THE NAME OF THE PETITIONER DATED 16/02/06. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15409 of 2008 ================================== Dated this the 17th day of July, 2008. JUDGMENT Learned counsel for the parties submitted that the petitioner has been remitting at the rate of Rs.15,000/- per month in terms of the interim order dated 23-5-2008. Heard the learned counsel for the parties. I do not find any jurisdictional error or legal infirmity in the impugned proceedings initiated by the first respondent bank on account of default in repaying a loan. At the request of the petitioner, in continuation of the interim order dated 23-5-2008, it is ordered that the petitioner will be permitted to continue to deposit at the rate of R.15,000/- per month, payable on or before the last working day of every month. The first respondent will also consider extending to the petitioner such ameliorative benefits as may be available to wipe off the outstandings since the WPC15409/2008 -:2:- petitioner is one of the legal representatives of the deceased debtor and a senior citizen, a widow. If the petitioner fails to deposit 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. Thottathil B.Radhakrishnan, Judge. sl.19.7.