IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10268 of 2009(C) -------------------------- PETITIONER(S): --------------- SETHUMADHAVAN, S/O.MADHAVAN NAIR, PULLOOR HOUSE, PANDAMANGALA KOTTACKAL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------- 1. THE AUTHORIZED OFFICER, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, UPHILL, MALAPPURAM. 2. MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAKKAL BRANCH, MALAPPURAM REPRESENTED BY ITS MANAGER. BY SC E K MADHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, WPC NO. 10066 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NOs.10268 & 10066 OF 2009 ............................................ DATED THIS THE 31st DAY OF MARCH, 2009 JUDGMENT The action against the petitioner is only at the stage of Section 13(2). Having heard the submissions on both sides, it is ordered that if the petitioners pay an amount of Rs.3,00,000/- on or before 15.4.2009, and a further amount of Rs. 3,00,000/- on or before 15.5.2009 and a further amount of Rs.3,00,000/- on or before 10.6.2009, the bank will consider whether overdraft facility could be regularised, if such payments are made. Any distress action following the impugned notice under Section 13(2) will proceed, if the petitioners do not act in terms of further directions regarding payments that may be issued by the bank. All other issues left open. Writ petitions ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/1/4