IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 25728 of 2008(K) -------------------------- PETITIONER: ------------ VALLIYAMMA, W/O. ONACHAN, VARADIYATH HOUSE, THEKKUMPADAM, PO, PATIKKAD. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------- 1. THE TRISSUR DISTRICT CO-OPERATIVE BANK LTD, MANNUTHY BRANCH, REP BY THE MANAGER MANNUTHY, TRISSUR. 2. SALE OFFICER ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES TRISSUR DISTRICT CO-OPERATIVE BANK THIRUVAMBADY ,TRISSUR. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV.SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2, R3 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25728 OF 2008 ------------------------------------------- Dated this the 26th day of August, 2008 JUDGMENT Heard learned counsel for the petitioner and learned counsel for respondents 1 and 2, as also learned senior Government Pleader for the third respondent. 2. The petitioner availed a loan from the first respondent and defaulted in repayment. She challenges the distress action taken by the first respondent. But, a perusal of the records will show that there is an arbitration award against her in 2004 and the execution of proceedings initiated under the Kerala Co-operative Societies Act and Rules. This has resulted in the property of the petitioner being listed for sale. Having heard counsel for parties, I do not find any jurisdictional error or legal infirmity in the impugned proceedings. However, having regard to the plea of the petitioner that she may be given opportunity to pay off the WPC.25728/08 Page numbers outstandings in instalments, after hearing learned counsel for the first respondent also in this regard, because the petitioner, through her learned counsel, has given up all her contentions, this writ petition is ordered directing that the impugned distress action will stand deferred if the petitioner remits the entire outstandings in six equal monthly instalments, payable on or before the 15th of every month, commencing from September, 208. 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.27/8.