IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 35401 of 2007(M) -------------------------- PETITIONER(S): --------------- J. GOPALAKRISHNAN NAIR, JOSH NIVAS,KANNAMBA,VARKALA,THIRUVANANTHAPURAM DT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. THE SECRETARY, KILIMANOOR CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,KILIMANOOR,THIRUVANANTHAPURAM DT. 2. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETY, VANCHIYOOR, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.RAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.A.S.SABU FOR R1 GOVT. PLEADER SHRI.DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.35401 of 2007 ================== Dated this the 27th day of July, 2009 J U D G M E N T The petitioner has filed this writ petition challenging recovery proceedings initiated by the respondents for recovery of the loan amounts due from the petitioner to the 1st respondent. At the time of admission of the writ petition, this Court passed the following interim order: “Urgent notice before admission to R1. Learned Govt. Pleader takes notice for R2. There will be interim order that if the petitioner remits amounts at the rate of Rs.25,000/- per month, payable on or before the 20th of every month, commencing from December 2007, the impugned proceedings will not be enforced for a period of four months. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this order shall stand recalled. On the petitioner remitting an amount of Rs.1,00,000/- (Rupees one lakh only) in four months as above, the first respondent will state, by affidavit or otherwise, as to whether it can regularise the loan transaction, having regard to the fact that the period of the loan, as originally availed, is yet to be exhausted.” The learned counsel appearing for the Bank now submits that subsequently the legal heirs of the petitioner who is no more, have paid the entire balance amount due and the loan account has been closed. Recording the above submission, this writ petition is disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2