IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9455 of 2009(B) ------------------------- PETITIONER(S): --------------- V.A.RADHA,D/O.KUNHAMBU PODUVAL, PADINHAREKKARA,VELLUR VILLAGE, P.O.ANNUR,PAYYANNUR,KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.M.M.ANTO RESPONDENT(S): --------------- 1. PAYYANNUR SERVICE CO-OP.BANK LTD., REP.BY SECRETARY,MAIN ROAD,PAYYANNUR, KANNUR DISTRICT. 2. THE SALE OFFICER, PAYYANNUR SERVICE CO-OPERATIVE BANK LTD., MAIN ROAD,PAYYANNUR,KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9455 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of March, 2009. JUDGMENT 1.Notice to the respondents dispensed with preserving their right to move for review of this judgment, if aggrieved. 2.The petitioner availed a loan from the first respondent. She requested for one time settlement. That has been granted. But, according to the petitioner, she is unable to pay off the entire amounts covered by the one time settlement scheme, as of now. This means that she will not be entitled to get the benefits of one time settlement scheme. However, the bank could consider giving her an instalment facility to wipe off the outstandings. 3.Hence, this writ petition is ordered directing WP(C)9455/09 -: 2 :- that if the petitioner remits at the rate of Rs.2 lakhs on or before 28.3.2009 and continues to remit at the rate of Rs.75,000/- per month payable on or before the 28th of every month commencing from April, 2009, the distress action would not be enforced finally against the petitioner and her assets. If there is default in remitting any of the instalments as aforesaid, the benefits of this judgment will stand recalled automatically and the writ petition will stand dismissed enabling the bank to forthwith proceed with further distress action without fresh notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240309