IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 33373 of 2008(W) -------------------------- PETITIONER(S): --------------- RADHAMANI AMMA PUTHANVILA VEEDU, KOOTTUKUNNAM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD RESPONDENT(S): --------------- PALODU CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, VENJARAMOODU BRANCH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33373 OF 2008 ------------------------------------------- Dated this the 13th day of November, 2008 JUDGMENT Notice to the respondent is dispensed with preserving its right to move for review of the judgment and re-hearing of this writ petition, if aggrieved by this judgment. The petitioner stood as guarantor for a loan availed for business purpose. On failure to repay, distress action has been initiated and it is stated that he has been given notice pursuant thereto. Ext.P1 shows that as on 15.10.2008, an amount of Rs.1,07,147/- is demanded. Learned counsel for the petitioner, having argued the matter for quite some time, requested for an order permitting the petitioner to pay off the entire amounts in instalments to escape recovery steps. Under such circumstances, repelling all other contentions, it is directed that if the amounts due are paid in 8 equal monthly instalments, payable on or before the last working day of every month commencing from November, 2008, the impugned distress WPC.33373/08 Page numbers action will stand dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.