IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 11693 of 2005(P) ------------------------------------- PETITIONER: ------------------- T.BALAKRISHNAN NAMBIAR, KANNACHANKANDY HOUSE, KALPATHUR P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. 2. KOZHIKODE DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS GENERAL MANAGER, KALLAI ROAD, KOZHIKODE. 3. THE SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, KALLAI ROAD, KOZHIKODE. R2 BY ADV. SRI.P.V.KUNHIKRISHNAN R1 & R3 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1693/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 9.3.05 ISSUED BY THE 2ND RESPONDENT. EXT.P2:- COPY OF THE COMMUNICATION DT. 5.3.05 ISSUED BY THE JOINT REGISTRAR (GENERAL) OF CO- OPERATIVE SOCIETIES, KOZHIKODE. EXT.P3:- COPY OF THE COMMUNICATION DT. 24.12.04 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 11693 of 2005-P ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of February, 2008 J U D G M E N T Learned counsel for the bank submits that in obedience to the directions in the interim order amounts have already been remitted. 2. Learned counsel for the petitioner submits that under such circumstances, his client may be given an opportunity to pay the remaining in instalments. It may be noted that interim order is passed nearly three years ago. Under such circumstances, this writ petition is disposed of directing that the remaining amounts are paid in two instalments, payable on or before the last working day of February and March 2008. Distress action shall be suspended in the meantime. The petitioner's request for waiver of any portion of interest, etc., in terms of what has been stated on behalf of the bank shall be considered by the bank. THOTTATHIL B.RADHAKRISHNAN, Judge ms