IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 10927 of 2008(A) ---------------------------------------- PETITIONER: ---------------------- L.CHANDRIKA, PROPRIETRIX, VANITHA FOODS-BREAD INDUSTRIES, NEERKUNNAM, ALAPPUZHA-5, RESIDING AT BLUE LAND HOUSE, AMBALAPPUZHA NORTH, AMBALAPPUZHA TALUK. BY ADV. SRI.N.ASHOK KUMAR RESPONDENTS: ------------------------- 1. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA REPRESENTED BY ITS GENERAL MANAGER. 2. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, ALAPPUZHA. 3. THE REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 BY SRI.T.R.HARIKUMAR R1 BY SRI.V.G.ARUN,SC,ALAPPUZHA DIST.CO.OP.BANK R2 & R3 BY SR.GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10927 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. JUDGMENT 1.No deposit has been made in terms of the order dated 31-3-2008. Prayer for applying the one time settlement scheme does not survive since, as rightly pointed out by the learned counsel for the first respondent, the period of the said scheme has expired. Under the aforesaid circumstances, the petitioner has no legally sustainable case to avoid recovery proceedings. 2.Having heard learned counsel for parties, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.2 lakhs per month payable on or before the last working day of every month commencing from June, 208, no recovery proceedings against her shall be WP(C)10927/2008 -: 2 :- enforced and the bank will consider whether any ameliorative benefits could be extended, if available and in accordance with law. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment shall stand recalled automatically and the first respondent bank will be at liberty to forthwith proceed with the impugned proceedings. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/230508