IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 31591 of 2008(J) -------------------------- PETITIONER(S): --------------- SMT.K.INDIRA, AGED 48 YEARS, W/O.VIJAYAKUMAR, PARAMBATHU HOUSE, NEAR AYYAPPAN TEMPLE, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.M.V.JOY RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, ERNAKULAM DISTRICT CO.OPERATIVE BANK, TOWN BRANCH, MUVATTUPUZHA, MUVATTUPUZHA.P.O, ERNAKULAM DISTRICT. 2. THE SPECIAL SALE OFFICER, ERNAKULAM DISTRICT CO.OPERATIVE BANK, KAKKANADU, KOCHI.30. R1 BY ADV.SRI.P.V.SURENDRANATH R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31591 OF 2008 ------------------------------------------- Dated this the 28th day of October, 2008 JUDGMENT Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner's husband availed a loan from the first respondent on 20.3.1996 to start a medical shop. On account of default in repayment, the first respondent initiated proceedings under the Kerala Co-operative Societies Act, 1969, and that has become final. Presently, the amounts have accrued to around Rs.4,70,000/-. The sale is listed on 30.10.2008. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. The petitioner states that the shop room where the medical shop was housed was required for land acquisition in connection with widening of road and as of now, there is no activity going on there. Obviously therefore, the petitioner cannot aspire to generate income from the shop and repay the outstandings. As a last resort, the petitioner seeks to pay off WPC.31591/08 Page numbers the outstandings in instalments and to save the property from distress action. In the result, repelling all other contentions, this writ petition is ordered directing that if the petitioner deposits an amount of Rs.75,000/- at or before the time fixed for sale on 30.10.2008 and continues to remit amounts at the rate of Rupees One Lakh per month, payable on or before the last working day of every month commencing from November, 2008, the impugned distress action will be held back and later dropped on satisfaction of the recoveries. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.