IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10833 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. A.D. ANILKUMAR, PRADEEP BHAVAN, TC 18/1947, THIRUMALA, THIRUVANANTHAPURAM. 2. SOMALATHA, W/O. ANILKUMAR, PRADEEP BHAVAN, TC 18/1947, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, THIRUVANANTHAPURAM DIST CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 2. THE AUTHORIZED OFFICER, THIRUVANANTHAPURAM DIST. CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 3. THE THIRUVANANTHAPURAM DIST. CO-OPERATIVE BANK, REP. BY ITS GENERAL MANAGER. BY ADV.SRI.K.G.RADHAKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.10833 OF 2009 ------------------------------------------- Dated this the 6th day of April, 2009 JUDGMENT The petitioners, a couple, took two individual loans of Rupees Two Lakhs each. The total outstandings is thus accruals on the total principal amount of Rupees Four Lakhs. That has now come to more than Rupees Six Lakhs. The plea of the first petitioner, a police man, is that certain disciplinary proceedings were taken against him and on account of that, he would get amounts by way of settlement or arrears etc. He also states that the second petitioner's aged father and mentally challenged brother are staying in the property which is mortgaged. It is also stated that a son of the petitioners died and he was buried in the mortgaged property. This by themselves do not constitute any ground to avoid distress action which cannot be defaulted on any jurisdictional error or legal infirmity. Taking into consideration the total outstanding, it is directed that if the petitioners remit amounts at the rate of Rs.50,000/- per month, payable on or before the 10th of every month commencing from WPC.10833/09 Page numbers April, 2009, the impugned distress action will be deferred and ultimately dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. This judgment will not stand in the way of the petitioners paying off the entire outstandings even at an earlier point of time. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.8/4.