IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 5848 of 2009(A) ------------------------- PETITIONER(S): --------------- ANIL THOMAS, KULANGARA HOUSE, PERUMTHURUTHY P.O., EZHINJILLAM, THIRUVALLA. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE BANK OF TRAVANCORE, REPRESENTED BY CHIEF MANAGER (ADV), REGION-IV, ZONAL OFFICE, KOTTAYAM. 2. GENERAL MANAGER (O), STATE BANK OF TRAVANCORE HEAD OFFICE, THIRUVANANTHAPURAM. 3. ASSISTANT GENERAL MANAGER-IV (K), STATE BANK OF TRAVANCORE REGION-IV, ZONAL OFFICE, KOTTAYAM. 4. THE AUTHORISED OFFICER, CHIEF MANAGER (ADV), REGIONAL-IV, ZONAL OFFICE, STATE BANK OF TRAVANCORE, KOTTAYAM. BY ADV.SRI.SAJI VARGHESE, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5848 OF 2009 ------------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT Heard. The petitioner was unable to clear the liability in terms of Ext.P1 judgment. While the petitioner attributes it to certain agreements between the parties, it is seen that statutory proceedings are in order. Accordingly, the petitioner confines the requests for an opportunity to pay off the outstandings. Taking this submission into consideration and after hearing the bank also in this regard, it is directed that if the petitioner pays a amount of Rs.4,00,000/- on or before 28.3.2009 and pays off the outstanding amounts in three equal monthly instalments, payable on or before the last working day of every month commencing from May, 2009, the impugned distress action will stand deferred and ultimately dropped. However, if there is default in remitting any of the amounts as aforesaid, the benefit WPC.5848/09 Page numbers of this judgment shall stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/3.