IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33609 of 2008(A) -------------------------- PETITIONER(S): --------------- SUMATHY, W/O.BHASKARAN THEKKEMADATHIL HOUSE PO.KURUMPILAV, THRISSUR. BY ADV. SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO.OP.SOCIETIES THRISSUR DIST.CO.OP.BANK LTD., THIRUVAMPADY, THRISSUR. 2. SALE OFFICER THRISSUR DIST. CO.OP.BANK LTD., PO., THIRUVAMPADY THRISSUR-680022. 3. THRISSUR DIST.CO.OP.BANK LTD. CHERPU BRANCH, THRISSUR REP. BY ITS MANAGER. R1, R2 BY GOVT. PELADER SRI.I.V.PRAMOD R3 BY ADV.SRI.P.C.SASIDHARAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33609 OF 2008 ------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT The petitioner faces an ARC under the Kerala Co-operative Societies Act, 1969 on the basis of a loan availed in April, 2000. The arbitration was in 2004, which was followed by execution petition in 2006. The impugned distress action has now reached a stage of sale for recovery of an amount of Rs.1,06,424/- with accruals, as shown in Ext.P6. Placing no contentions for consideration on merits, the petitioner, through her learned counsel, confines the request to be only one for instalment facility to pay off the outstandings. Having regard to the fact that the amount was availed in 2000 and the award was suffered in 2006 and taking into consideration the plea of the petitioner that she and her husband have to repay by struggling hard, this writ petition is ordered directing that if the entire outstandings is paid in five equal monthly instalments, payable on or before the last working day of every month commencing from WPC.33609/08 Page numbers November, 2008, the impugned distress action will stand deferred and ultimately dropped. 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. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.