IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 7056 of 2008(M) ------------------------- PETITIONER: ------------------ V.M. RELEEFA, W/O. A.H. PHIROSKHAN, ANTHINATTU HOUSE, OLAMATTAM, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENTS: --------------------- 1. THE CATHOLIC SYRIAN BANK LIMITED, THODUPUZHA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA, IDUKKI DISTRICT. 2. A.H. PHIROSKHAN, FARE PRICE WHOLE SALE DEALER, ANTHINATTU HUSE, OLAMATTOM, THODUPUZHA, IDUKKI DISTRICT. 3. THE RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, K.S.H.B. BUILDING, PANAMPILLY NAGAR, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.7056 of 2008 ================================== Dated this the 29th day of February, 2008. JUDGMENT Heard the learned counsel for the petitioner and the learned standing counsel for the Bank. 2. Petitioner was a guarantor for a loan availed by her husband. The Bank filed O.A. before the Debts Recovery Tribunal and obtained a recovery certificate in November, 2003. By Exts.P1 to P4, the petitioner is permitted to remit an amount of Rs.2,25,000/- against an amount of Rs.18,34,068.70 as on 13-1-2008. She pleads that she may be given an opportunity to wipe off the outstandings and avert sale. I do not find any jurisdictional infirmity in the impugned proceedings. Learned counsel for the first respondent Bank is right in submitting that, even though the petitioner has paid certain amounts as reflected by Exts.P1 to P4, WPC7056/2008 -:2:- the same is only negligible when compared to the total outstandings, going by Ext.P4. It is also apparent from Ext.P5 that the land is a valuable one and could fetch the entire outstandings on one side. The recovery by the Bank cannot be further unduly delayed. As a last resort, it is directed that if the petitioner remits one third of the remaining outstandings within two weeks, she will be permitted to pay off the remaining in two equal monthly instalments, payable on or before the 20th April, 2008 and 20th May, 2008. If the petitioner fails to remit 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. Writ petition is disposed of accordingly. Thottathil B.Radhakrishnan, sl. Judge.