IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10670 of 2008(T) ------------------------------------- PETITIONER: ------------------ M. ABDUL VAHEED, S/O. MOHAMMED RAWUTHER, PUTHUVEEDU, T.K.M.NAGAR, T.K.M. COLLEGE P.O., KARICODE, KOLLAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, KOLLAM. 3. SENIOR MANAGER, KADACKAL BRANCH, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KADACKAL. R1 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R2 & R3 BY SRI. B.VINOD, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.10670 of 2008 ================================== Dated this the 31st day of March, 2008. JUDGMENT Petitioner availed a cash credit facility. It led to Ext.P1 award confirmed by the Co-operative Tribunal on 30-4-2005 as per Ext.P2. The Tribunal had, as a matter of fact, granted the petitioner ten instalments and also modification in the rate of interest. The modification to the award was set aside by this Court. The petitioner did not satisfy the award. As of now, the petitioner is unable to pay any amount on the basis of one time settlement granted by the bank which is expiring today, 31-3-2008. However, after the award, petitioner is stated to have paid an amount of Rs.3.5 lakhs. Having regard to that deposit, it is directed that if the petitioner deposits an amount of Rs.3 lakhs within a period of three weeks from now, distress action will stand deferred by three WPC10670/2008 -:2:- months to let the petitioner pay off the remaining outstandings in two further instalments as may be fixed by the bank. It is also clarified that this judgment will not stand in the way of the petitioner being extended the facility by way of any settlement on the basis of the decisions that the bank may take on the strength of any scheme. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl. 1-4-2008