IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 24625 of 2008(F) ------------------------------------- PETITIONER: --------------------- JAYAPRAKASH P.P., POYIL PADIKAL HOUSE, KARUMALA P.O., BALUSSERY,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------------------ 1. KERALA STATE CO-OPERATIVE BANK LTD., REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURM. 2. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, M.M. ALI ROAD, KOZHIKODE, 3. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., M.M.ALI ROAD, KOZHIKODE. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1, R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO.24625 OF 2008 (F) ----------------------------------------------- Dated this the 21st day of August, 2008 J U D G M E N T Heard the learned counsel for the petitioner and Adv.Sri.Nagaraj Narayanan for the respondents. 2. The petitioner availed a loan on 11-11-2005, repayable in 120 months. On default, distress action followed. The learned counsel for the first respondent submits on instructions that the total amount covered by the default instalments and interest accrued thereon would be less than Rs.90,000/- and if the petitioner appears before the second respondent and makes a written request in that regard, the loan could be regularised on condition that the petitioner pays such outstandings. This is recorded and the petitioner is W.P.(C) No.24625/2008 - 2 - directed to appear before the second respondent, within a period of three weeks from now and avail the aforesaid benefits, if so advised. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. Therefore, if the petitioner does not avail the aforesaid facility, this writ petition will stand dismissed and the respondents will be at liberty to forthwith proceed with further recovery action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/8 // True copy // P.A. to Judge.