IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28010 of 2008(H) ----------------------------------------- PETITIONER: --------------------- ALICE, W/O.RAJAN, AGED 42 YEARS, KUNNATH PARAMBIL HOUSE, P.O. KURUMBALANGODE, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: ------------------------ 1. THE NILAMBUR CO-OPEREATIVE URBAN BANK LTD, REPRESENTED BY ITS SECRETARY , MANAGER NILAMBUR. 2. THE AUTHORISED OFFICER, NILAMBUR CO-OPEREATIVE URBAN BANK LTD, NILAMBUR. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY ADV. SRI. DEVAPRASANTH P.J., SC – R1 & R2 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR - R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.28010 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2008. JUDGMENT According to the petitioner, her husband availed a cash credit facility, went abroad and then went underground. She attempts to save the residential property which was offered as security for the facility. The transaction is not disputed. The outstandings cannot be denied. The proceedings are in accordance with law. There is no jurisdictional error or legal infirmity in the impugned action. Faced with this situation, the learned counsel for the petitioner, giving up all other contentions and stating that the petitioner forecloses the right to take recourse to all other statutory and other proceedings before all Tribunals and Courts, requested that the petitioner may be granted an opportunity to pay WP(C)28010/2008 -: 2 :- off the outstandings in instalments. The learned counsel for the respondents pointed out that as of now, the amount comes to about Rs.3,85,000/-. Recording the statement of the learned counsel for the petitioner and having regard to the peculiar facts and circumstances, it is directed that if the petitioner remits at the rate of Rs.65,000/- per month payable on or before the 14th of every month commencing from October, 2008, the distress action will stand deferred and ultimately dropped, if the entire outstandings and accruals are remitted. If there is default in remitting any of the instalments as afore-directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further distress action without further notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240908