IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 13832 of 2008(V) -------------------------- PETITIONER: ------------ CHATHERY KORAMPUNNATH GOPINATHAN NAIR, S/O.MADHAVAN NAIR, NIRAMARUTHUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DIST. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ------------- 1. THE TIRUR URBAN CO.OPERATIVE BANK LTD, HEAD OFFICE, TIRUR, MALAPPURAM DIST., REP.BY ITS GENERAL MANAGER. 2. THE TIRUR URBAN CO.OPERATIVE BANK LTD, BRANCH OFFICE, AMBALATHINGAL, POST TANALUR, TIRUR, MALAPPURAM DIST. REP.BY ITS MANAGER,. BY ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVINGCOME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C).No.13832 OF 2008 ------------------------------------------- Dated this the 4th day of June, 2008 JUDGMENT Having heard learned counsel for the petitioner and learned counsel for the respondent Bank, it is found that the impugned proceedings are not vitiated on account of any jurisdictional error or legal infirmity. Faced with such situation, learned counsel for the petitioner requests that the petitioner may be permitted to pay off the entire outstandings in instalments and avoid distress action, though he could not obey the conditions imposed in the interim order already granted. 2. Since the petitioner has enjoyed the benefit of the interim order for two months now and has not remitted the amount of Rupees One Lakh and having regard to the total amount involved in the proceedings, it is directed that if the petitioner deposits an amount of Rs.75,000/- within a period of three weeks from now and deposits the remaining amounts in six equal monthly WPC.13832/08 Page numbers instalments commencing from July, 2008, and thereby wipes off the entire outstandings including all accruals, distress action shall stand dropped. It is also clarified that the petitioner will not be granted any further extention of time regarding any instalments having regard to the different aspects of the case in hand. 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. The writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.5/6.