IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 13035 of 2005(B) -------------------------------------- PETITIONER: ----------------- MRS.ASHA S.S., AGED 45, D/O. SIDHAN, SANKARAMTHADATHIL HOUSE, KANNIMANGALAM, TRICHUR DISTRICT. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENTS: ---------------------- 1. SPECIAL SALE OFFICER, TRICHUR URBAN CO-OP.BANK GROUP CO-OP. SOCIETIES ASSISTANT REGISTRAR (GENERAL) TRICHUR. 2. THE TRICHUR URBAN CO-OP.BANK LTD., REPRESENTED BY ITS BRANCH MANAGER, KOORKANCHERRY. BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).13035/2005-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF PASS BOOK ISSUED BY THE 2ND RESPONDDENT. EXT.P2: COPY OF THE NOTICE DATED 29/03/2005 PUBLISHED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE REGISTERED DOCUMENT NO.818/99 DATED 20/02/1999. // TRUE COPY // P.A. TO JUDGE Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.13035 of 2005 ================================== Dated this the 10th day of July, 2008. JUDGMENT Petitioner availed a loan. On default, she faced distress action. This writ petition is filed projecting herself as an agriculturist and the loan have been availed for business purpose. An interim order was issued on 22-4- 2005 staying the distress action on condition of payment of Rupees two lakhs. Going by the counter affidavit, the interim order was not satisfied. Not only that, the second respondent has, through counter affidavit, made uncontroverted statements that an arbitration award was obtained against the petitioner, who is a school teacher and that the same has been put in execution leading to the impugned distress action. I find no jurisdictional WPC13035/05 -:2:- error or legal infirmity in the impugned proceedings. Writ petition is hence dismissed. Thottathil B.Radhakrishnan, Judge. Sl/14.7.