IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9458 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. V.L.SUKUMARAN, S/O.KRISHNA AIYER, THEVARMADATHIL, KALLETTUMKARA, ALOOR PANCHAYATH, THAZHEKAD VILLAGE, IRINJALAKUDA. 2. KOMALAVALLY, W/O.SUKUMARAN, DO. DO. 3. NAVEEN KUMAR, S/O.SUKUMARAN, DO. DO. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT(S): --------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD., THRISSUR, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATION CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK (IRINJALAKUDA BRANCH), SAHAKARAN SATHABDHI MANDIRAM, THIRUVAMBADY P.O., THRISSUR. 3. THE DISTRICT CO-OPERATIVE BANK, IRINJALAKUDA BRANCH, TANA ROAD, IRINJALAKUDA, REPRESENTED BY ITS BRANCH MANAGER. R1 & R3 BY ADV.SRI.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9458 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. JUDGMENT 1.Petitioners face enforcement of two awards passed under the KCS Act. The total outstandings now due is around Rs.7,75,000/- as on 18.2.2009. The execution proceedings have reached the stage of sale. 2.The only plea pressed is for an opportunity to pay off the outstandings in three months. Hence, this writ petition is ordered directing that if the petitioners remit an amount of Rs.1 lakh on or before 26.3.2009 and a sum of Rs.50,000/- on or before 28.3.2009 and continue to remit at the rate of Rs.2 lakhs per month payable on or before the last working day of every month commencing from April, 2009, the WP(C)9458/2009 -: 2 :- impugned distress action will be deferred and ultimately dropped. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment will stand recalled automatically and the writ petition will stand dismissed enabling the bank to forthwith proceed with further distress action without fresh notice to the petitioners. It is also recorded that the petitioners waive fresh proclamation of the sale. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240309