IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 35063 of 2008(M) -------------------------- CMP.182/2008 of C.J.M.,MANJERI .................... PETITIONER: --------------- MOHEMMED KUTTY, S/O.ABDULLA KUTTY, POOLAKKAL HOUSE, AZHEEKKAL, P.O.PONNANI NAGARAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.K.KHALEEMUDHEEN RESPONDENTS: --------------- 1. M/S.VIJAYA BANK, PONNANI BRANCH, REPRESENTED BY ITS PRINCIPAL OFFICER AND MANAGER. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.K.ANAND BY ADV . SMT.LATHA KRISHNAN R2 BY GOVERNMENT PLEADER ADV. SHRI MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 35063 OF 2008 ......................................................................... Dated this the 10th June , 2010 J U D G M E N T The petitioner has approached this Court challenging the steps taken by the respondent Bank for realising the amount stated as due from the petitioner . When the matter came up for consideration on 28.11.2008, the coercive steps were intercepted on condition that the petitioner satisfied a sum of Rs. 50,000/- within three weeks and another sum of Rs.50000/- within a further period of 45 days and continued to deposit at the rate of Rs.25000/- per month, so as to satisfy the liability. It was also made clear that, if any default was committed in effecting the installments, the benefit of the interim order would stand recalled automatically. 2. The learned Counsel for the petitioner submits that the petitioner has been honouring the commitment pursuant to the interim order passed by this Court. However in the meanwhile, W.P.(C) No. 35063 OF 2008 2 the Government declared 'Moratorium', whereby the Bank informed the petitioner that further satisfaction of the liability will of course be subject to the expiry of the period of 'Moratorium' declared by the Government and it was in the said circumstance, that the petitioner did not effect any further payment . 3. The learned Counsel for the Bank submits that, by the time the petitioner has paid a sum of Rs.1,35,000/- and the last remittance was on 09.09.2009. It is stated by the learned Counsel for the Bank that further action will be pursued, only on expiry of the period of 'Moratorium' . In the said circumstance, nothing further survives to be considered in this Writ Petition. The above submission is recorded and the Writ Petition is closed. P.R. RAMACHANDRA MENON, JUDGE. lk