IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 3252 of 2009(K) --------------------------------------- PETITIONER(S): ------------------------ P.VEERAN, S/O.KUNHEEN, PAROTTIL HOUSE, P.O.KADUNGAPURAM, PUZHAKKATTIRI VILLAGE, MALAPPURAM DISTRICT. BY ADV.MR.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ---------------------------- 1. THE GENERAL MANAGER (AUTHORISED OFFICER) SOUTH MALABAR GRAMIN BANK, MALAPPURAM. 2. THE MANAGER, SOUTH MALABAR GRAMIN BANK, PUZHAKATTIRI BRANCH, POST PUZHAKATTIRI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.3252 of 2009-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009. JUDGMENT After arguing the matter for quite some time, the learned counsel for the petitioner stated that his client gives up the right to move the DRT against the impugned action and that the only plea that is being pressed is a request that the petitioner may be permitted to pay off the entire outstandings in instalments. Taking that into consideration, as also the total amounts fixed for recovery, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.50,000/- per month payable on or before the 20th of every month commencing from February, 2009, without fail, the impugned distress action will stand deferred and ultimately dropped. If there is default in remitting any of the instalments as aforesaid, WP(C)3252/2009 -: 2 :- the benefits of this judgment will stand recalled and the writ petition will stand dismissed with liberty to the bank to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120209