IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10437 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. JAISON ISSAC, S/O.ISSAC P.A., AGED 36, PARAMBUKATTIL HOUSE, CHITTARIKKAL PO., KASARGOD DISTRICT. 2. ISSAC P.A., S/O. ABRAHAM, -DO- -DO- BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE CO-OP.BANK LTD., TRIVANDRUM. 2. THE REGIONAL MANAGER/AUTHORISED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD., KOZHIKODE REGIONAL OFFICE, COLOMBO COMPLEX, M.M.ALI ROAD, KOZHIKODE. 3. THE KERALA STATE CO-OPERATIVE BANK LTD, TRIVANDRUM, REP.BY ITS MANAGING DIRECTOR. 4. THE MANAGER, THE KERALA STATE CO-OPERATIVE BANK LTD., KANNUR BRANCH, KANNUR. 5. STATE OF KERALA, REP.BY ITS SECRETARY, C-OPERATION, SECRETARIAT, TRIVANDRUM. R1 TO R4 ADV NAGARAJ NARAYAN R5 BY GP K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 10437 OF 2009 ............................................ DATED THIS THE 31st DAY OF MARCH, 2009 JUDGMENT The petitioners are debtors of the third respondent. According to them, an amount of Rs.9,00,000/- would be due even applying the benefit of certain circulars last date for which is today. They are not prepared to do that attributed to non availability of funds. They are facing dispossession. Leaving open all other contentions, it is ordered that if the petitioners deposit an amount of Rs.4,00,000/- on or before 3.4.2009, and pays the remaining total outstandings in three equal instalments, payable on or before 30.4.2009, 30.5.2009 and 30.6.2009, without fail, they will not be dispossessed. If there is default in repayment of any of the instalments as aforesaid, respondents will be at liberty to dispossess the petitioners forthwith. This judgment will not preclude the bank from extending any benefit by reduction of the total outstandings, if sought for by the petitioners. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/3