IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17759 of 2009(L) -------------------------- PETITIONER(S): ----------------- INDIRAKUTTY AMMA, W/O. KUTTAN PILLAI, MANGALATHU VEEDU, (ANIL MANDIRAM), THEVALAPURAM EAST MURI, NEDUVATHUR VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): ------------------- 1. THE ASSISTANT REGISTRAR/ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM KOLLAM DISTRICT. 2. THE GENERAL MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM, KOLLAM DISTRICT. 3. THE BRANCH MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LTD.,KOTTARAKKARA MAIN BRANCH, KOLLAM DIST. SRI.B.VINOD, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17759 OF 2009 (L) ===================== Dated this the 25th day of June, 2009 J U D G M E N T Petitioner apprehends recovery proceedings at the instance of respondents 2 and 3 pursuant to Ext.P1 award passed by the 1st respondent in ARC No.3454/08. In this writ petition, petitioner is not disputing her liability nor its quantification and all that is prayed for is an instalment facility to enable the petitioner to discharge the debt and at the same time avoid coercive action against the properties. 2. I heard the standing counsel appearing for the respondents also. 3. Since all that the petitioner seeks is only an instalment facility, I am inclined to think that the petitioner should be given an opportunity to liquidate the liability so that coercive action against the immovable properties could be avoided. 4. Therefore, the writ petition is disposed of with a direction that the petitioner shall pay the entire dues to the respondents 2 and 3 in ten equal monthly instalments. The first instalment shall be paid on or before 15th of July, 2009 and the WPC 17759/09 :2 : subsequent instalments shall be paid on or before 15th of every succeeding month. Subject to payment as above without default, it is directed that coercive action in pursuance to Ext.P1 shall not be initiated. It is made clear that this judgment will not stand in the way of the petitioner approaching respondents 2 and 3 for the benefit of any OTS, if it is in vogue. ANTONY DOMINIC, JUDGE Rp