IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 20554 of 2007(V) -------------------------- PETITIONER: ------------ KUMMALIL ALI, S/O THENUTTY, P.O.ANANTHAVOOR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRIC.M.MOHAMMED IQUABAL RESPONDENTS: ------------- 1. TIRUR URBAN CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, TIRUR, MALAPPURAM DISTRICT. 2. SPECIAL SALE OFFICER, TIRUR URBAN CO-OPERATIVE BANK LTD., TIRUR, MALAPPURAM DISTRICT. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TIRUR, MALAPPURAM DISTRICT. R1 BY ADV.SRI.DEVAPRASANTH P.J. R2, R3 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.20554/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT IN W.P(C).35475/05 DATED 28.2.2007. EXT.P2: TRUE COPY OF THE SALE NOTICE ISSUED BY THE SECOND RESPONDENT DATED 16.5.07. EXT.P3: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE THIRD REPSONDENT DATED 1.7.2007. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.20554 OF 2007 ------------------------------------------- Dated this the 11th day of August, 2008 JUDGMENT Adv.Sri.Devaprasanth P.J. appears for the first respondent. Notice to the second respondent dispensed with. Learned Government Pleader appears for the third respondent. 2. The petitioner availed a loan from the first respondent. The only ground urged in this writ petition filed on 3.7.2007 is that the petitioner is entitled to One Time Settlement Scheme and he may be given a breathing time to make payments. The impugned action has followed proceedings under the Kerala Co-operative Societies Act, 1969 that led to an award. The impugned execution proceedings under the KCS Act are, therefore, in order and is not initiated on account of any jurisdictional error or legal infirmity. It is also submitted by the learned counsel for the Bank that proceedings have been initiated under the SARFAESI Act. WPC.20554/07 Page numbers 3. Faced with the aforesaid situation, learned counsel for the petitioner sought an opportunity to pay off the entire outstandings in instalments. Learned counsel for the Bank states that as of now, the accruals would be around Rs.2,40,000/-. On the basis of the aforesaid facts and materials, this writ petition is ordered directing that if the petitioner pays off the entire outstandings with accruals by remitting Rs.30,000/- per month, payable on or before the last working day of every month commencing from August, 2008, without fail, the impugned distress action will be held back and ultimately dropped. However, if there is default in remitting any of the instalments as aforedirected, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.11/8.