IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 33952 of 2008(P) ------------------------------------- CMP.2298/2008 of C.J.M.,KOLLAM .................. PETITIONER(S): ----------------------- SHAHUL HAMEED.M. S/O.MYTHEEN KUNJU KANDATHIL HOUSE, KADAPPA, MYNAGAPPALLY PO., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): ------------------------- AUTHORISED OFFICER, CHIEF MANAGER, STATE BANK OF TRAVANCORE KARUNAGAPPALLY BRANCH, KOLLAM. ADV. SRI.M.PATHROSE MATTHAI (SR.) SRI.SAJI VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33952 of 2008(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE COMPLAINT IN CMP NO. 2298 OF 2008 DATED 14.2.2008. EXT.P2 - TRUE COPY OF THE AFFIDAVIT DATED 14.2.2008. EXT.P3 - TRUE COPY OF THE NOTICE DATED 29.2.2008. EXT.P4 - TRUE COPY OF THE LETTER OF UNDERTAKING FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 15.9.2008. EXT.P5 - TRUE COPY OF THE LETTER DATED 25.4.2008. EXT.P6 - TRUE COPY OF THE RECEIPT. // TRUE COPY // PA TO JUDGE rhs Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33952 of 2008-P ================================== Dated this the 17th day of December, 2008. JUDGMENT The petitioner has deposited an amount of Rs.5 lakhs yesterday. His only plea is for an opportunity to pay off the remaining outstandings in instalments. The total outstandings, as of now, would be around Rs.11 lacs. This writ petition is hence ordered that if the petitioner remits at the rate of Rs.4 lacs on or before the 25th of every month commencing from January, 2009 and pays off the entire outstandings in the current financial year, the impugned distress action will be dropped. No other issues raised. If there is default in remitting any of the isntalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand WPC33952/08 -:2:- dismissed automatically with liberty to the respondents to forthwith proceed with the impugned distress action, without fresh notice to the petitioner. Thottathil B.Radhakrishnan, Judge. sl.