IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 15931 of 2008(V) --------------------------------------- PETITIONER: ------------------- A. NABEESAKUTTY, W/O. T.K. HAMEED, THONIKADAVIL HOUSE, SHORANUR-2. BY ADV. SRI.E.R.VENKATESWARAN, ADV. SRI.R.SREEHARI. RESPONDENTS: ----------------------- 1. THE SHORANUR CO-OP. URBAN BANK LTD. NO.F 1639, REPRESENTED BY ITS GENERAL MANAGER. 2. THE SPECIAL SALE OFFICER, SHORANUR CO-OP. URBAN BANK LTD. NO.F 1639, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (G), OTTAPALAM. R1. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15931 of 2008 ================================== Dated this the 29th day of May, 2008. JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to the first respondent is dispensed with preserving its right to move for review of this judgment, if aggrieved. Learned senior Government Pleader takes notice for the second respondent. 2. Petitioner availed a loan, which, according to her, was for the purpose of setting up an STD booth. Ext.P1 shows that the total amount availed by her had grown to Rs.57,298/- as on 13-5- 2008 and the first respondent had obtained an arbitration award and had initiated execution proceedings in 2008. After arguing the matter for quite sometime, learned counsel for the petitioner confines his submission to a request that the WPC15931/2008 -:2:- petitioner belonging to the economically lower strata of the society may be permitted to wipe off the entire outstandings in instalments, so that she could be saved from distress action. 3. Having considered the entire materials on record, it is directed that if the petitioner remits at the rate of Rs.8,000/- per month, payable on or before the 20th of every month commencing from June, 2008, including all accruals in the aforesaid manner, the impugned distress action shall stand dropped. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. It is clarified that this judgment will not stand in the way of the first respondent considering any request of the petitioner for any waiver of interest or any other benefit which may be available, in accordance with WPC15931/2008 -:3:- law. Writ petition is disposed of as above. Thottathil B.Radhakrishnan, sl. Judge.