IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 9178 of 2007(P) ------------------------------------- PETITIONER: ------------------- BALKISA, AGED 68, W/O. LATE HAMEED, AKKARA BUILDING, VELIYANNUR, THRISSUR, RAILWAY STATION POST OFFICE, THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR). RESPONDENTS: ----------------------- 1. THE TRICHUR URBAN CO-OP. BANK, REG.NO.87, REP. BY ITS BRANCH MANAGER, THRISSUR P.O., THRISSUR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE SPECIAL SALE OFFICER, TRICHUR URBAN CO-OP. BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR DISTRICT. 4. THE STATE OF KERALA, REP. BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 TO R4 BY GOVT. PLEADER SRI. I.V. PRAMOD, R1 BY ADV. SRI. C.D. DILEEP, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9178/2007-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPIES OF THE PHOTOGRAPHS OF THE PETITONER'S SON. EXT.P.2: COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S SON DTD. 27/11/06. EXT.P.3: COPY OF THE COMMUNICATION BY REGISTRAR OF THE CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM DTD. 14/10/06. EXT.P.4: COPY OF THE COMMUNICATION BY THE JOINT REGISTRAR, THRISSUR DTD. 02/08/06. EXT.P.5: COPY OF THE COMMUNICATION BY THE JOINT REGISTRAR DTD. 20/11/06. EXT.P.6: COPY OF THE COMMUNICATION BY THE REGISTRAR, THIRUVANANTHAPURAM DTD. 20/01/07. EXT.P.7: COPY OF THE SALE NOTICE ISSUED BY THE R.3. DTD. 14/02/07. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9178 of 2007-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT The petitioner suffered different arbitration awards and execution proceedings on account of default in repayment of loan availed from the first respondent. With the passage of time, she faced execution proceedings. During the pendency of those execution proceedings, it appears that the petitioner's son met with a motor accident and he ultimately succumbed to his injuries. It is stated that the petitioner, a senior muslim female, aged 69 years by now, is placed under pressing circumstances in the matter of repayment of the accruals. Facing distress action, she has filed this writ petition. On 19-3-2008, an interim order of stay was issued on condition of the petitioner paying an amount of Rs.20,000/-. Learned counsel for the petitioner submits that WP(C)9178/07 -: 2 :- the said amount has been promptly remitted. This, by itself, is sufficient to hold that the petitioner has demonstrated her bona fides in the offer to liquidate the outstandings in a phased manner. Taking the case of the petitioner as an extra- ordinary one, having regard to the peculiar facts and circumstances, this writ petition is ordered directing that the impugned distress action will stand deferred and the petitioner will be permitted to pay off the remaining outstandings in six equal monthly instalments payable on or before the 25th of every month commencing from December, 2008. The bank will also extend to her all concessions as are available on the basis of different circulars and also on the basis of any decision that the bank could take at its highest level, having regard to the petitioner's case. The writ petition is ordered accordingly. If there is default in paying any of the instalments as aforesaid, the benefits of this judgment will WP(C)9178/07 -: 3 :- stand recalled and the writ petition will stand dismissed automatically enabling the bank to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108