IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 1309 of 2008(E) ------------------------- PETITIONER: ------------- ELAYAD SUBAIDA, W/O.ELAYAD PAREETH, KOLAMPADAM, KURUMBALANGODE P.O., MALAPPURAM DIST. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: ---------------- 1. THE AUTHORISED OFFICER (DEPUTY GENERAL MANAGER), NILAMBUR CO-OPERATIVE URBAN BANK LTD., HEAD OFFICE, NILAMBUR. 2. THE NILAMBUR CO-OPERATIVE URBAN BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, NILAMBUR. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 BY ADV. SRI.DEVAPRASANTH.P.J. R3 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 1309 OF 2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE SALE NOTICE DATED 24.09.07 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE NOTICE APPEARED IN MATHRUBHOOMI DAILY DATED 12.12.07. /TRUE COPY/ PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No. 1309 OF 2008 ------------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT The learned counsel for the Bank submits that the petitioner can be granted relief by way of installment, if an amount of Rs.50,000/- is paid before the end of the current financial year, and if he remits entire remaining outstandings in eight equal monthly installments thereafter. This submission is recorded and it is ordered accordingly. It is further directed that if the petitioner applies for the benefit of any circular, the Bank will consider the same and if so, extend such benefit to him. If the petitioner commits any default in any of the installment, the benefit of this judgment will stand recalled automatically and the respondents will be entitled to proceed with distress action forthwith. THOTTATHIL B.RADHAKRISHNAN, JUDGE ttb. ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO. OF JUDGMENT 25th FEBRUARY, 2008. =======================