IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 WP(C).No. 37992 of 2008(W) -------------------------- PETITIONER: ---------------- K.MOHANAN NAIR, SREEBHADRA, PACHALLOOR THIRUVALLOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: --------------- 1. THE CO-OPERAATIVE HOUSE CONSTRUCTION & MORTAGAGE SOCIETY LTD. NO.T.128 N.C.C.ROAD, AMBALAMUKKU, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD NO.4330 REGIONAL OFFICE, MALLOOR ROAD, VANCHIYOOR P.O. THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 3. THE ARBITRATOR CUM SPECIAL SALE OFFICER THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD NO. 4330 REGIONAL OFFICE, MALLOOR ROAD, VANCHIYOOR P.O. THIRUVANANTHAPURAM. BY GOVERNEMNT PLEADER SRI. MUHAMMED RAFEEQUE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 37992 OF 2008 (W) ------------------------------------------------------ Dated this the 23rd day of December, 2008 J U D G M E N T Having regard to the nature of the directions being issued hereunder, notice to the respondents is dispensed with, preserving their right to move for review of this judgment, if aggrieved. After arguing for quite some time, the learned counsel for the petitioner confines to a request that the petitioner may be given a short time to pay off the entire outstandings including accruals by instalments. Arbitration award under the Kerala Co-operative Societies Act was passed on 3-4-2006. The upset price fixed for recovery has grown to be more than Rs.3,70,000/-. Taking into consideration that the loan is in the housing sector, this writ petition is ordered directing that if the petitioner deposits the entire remaining outstandings in six equal monthly installments, payable on or before the last working day of every month commencing from January, 2009, after remitting an amount of Rs.50,000/- on or before 31-12-2008, the impugned distress action will be W.P.(C) No.37992/2008 - 2 - withheld and dropped. If there is default in remitting any of the instalments as afore-directed, the benefit of this judgment will stand recalled and this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/24/12