IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 30632 of 2008(V) -------------------------- PETITIONER(S): --------------- VISHWAMBARAN P.G. S/O. GOPALAN, AGED 38 PADINJAREKUTT HOUSE, KAIPAMANGALAM BEACH POST KODUNGALLOOR. BY ADV. SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT(S): --------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THRISSUR, REPRESENTED BY ITS SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SPEPCIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD, THIRUVAMBADY POST, THRISSUR-680022. R1 BY ADV.SRI.P.C.SASIDHARAN, S.C. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30632 OF 2008 ------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT The petitioner availed a loan from the first respondent in 1995. Though the principal amount was Rs.22,000/-, not a pie was paid over towards the principal or interest. This led to arbitration award followed by execution. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. 2. Learned counsel for the Bank, on instructions, states that the petitioner did not even availed the opportunity extended through Adalath. Learned counsel for the petitioner, however, attempts to state the petitioner belongs to a marginalised sector, being a poor fisherman and the loan was availed in connection with his sister's marriage. Taking into consideration the different submissions on either side and repelling all other contentions, this writ petition WPC.30632/08 Page numbers is ordered directing that if the petitioner remits amounts of Rs.10,000/- each, payable on or before 5.11.2008, 5.12.2008 and 5.1.2009 and continues to remit at the rate of Rs.5,000/- per month, payable on or before the 5th of every month commencing from February, 2009, the Bank will give opportunity to the petitioner to wipe off the outstandings by such mode. In view of this judgment, the sale will stand adjourned from time to time. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.