IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 26004 of 2008(U) -------------------------------------- PETITIONER: -------------------- SHERLY, 45 YEARS W/O.JOSEPH, KADEPARAMBIL HOUSE, MANNAMTHURUTH, VARAPUZHA, ERNAKULAM. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENTS: ----------------------- 1. ASSISTANT REGISTRAR CO.OP.SOCIETIES(GENERAL) NORTH PARAVUR, ERNAKULAM. 2. VARAPUZHA SERVICE CO.OP.BANK LTD.1582 VARAPUZHA, REP. BY ITS SECRETARY. ADV.K.C.SANTHOSHKUMAR, SENIOR GOVERNMENT PLEADER FOR R1 ADV. SRI.P.N.MOHANAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------------------------ W.P.(C) NO. 26004 OF 2008 (U) ------------------------------------------------------------------------ Dated this the 24th day of September, 2008 J U D G M E N T The petitioner along with others faced different arbitration awards and ultimately filed this writ petition facing distress action in execution. The total amount around Rs.16 lakhs was due. It appears that the petitioner had filed a writ petition in 2004 in relation to the remedy by way of one time settlement. That facility was not availed. There were other writ petitions also either by her or her sisters. At the stage of admission, it was directed that, to show her bonafides, petitioner may deposit an amount of Rs.3 lakhs on or before 23-9-2008, which was the date fixed for sale. But no such amount was deposited. I do not find any legal infirmity in the impugned proceedings. This writ petition fails and the same is accordingly dismissed. This judgment will not stand in the way of the bank giving the petitioner any facility of payment of amounts to avert the sale. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/24/9 // True copy // P.A. to Judge.