IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29394 of 2008(Y) -------------------------------------- PETITIONER: ------------------- N.RADHAKRUSHNAN,S/O.NARYAYANA MANNADIYAR, ERATHU HOUSE, POLLACHI ROAD, KOZHINJAMPARA POST -678555,PALAKKAD DISTRICT. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR, ADV. SRI.GEEN T.MATHEW. RESPONDENTS: ------------------------ 1. UNION BANK OF INDIA, REPRESENTED BY THE CHIEF MANAGER & AUTHORIZED OFFICER REGIONAL OFFICE, UBI BHAVAN, STATUTE JN., THIRUVANANTHAPURAM-695001. 2. THE BRANCH MANAGER, UNION BANK OF INDIA, VANDANMETTU BRANCH, VANDANMETTU POST- 685551, IDUKKI DISTRICT. 3. VINOD K.V. S/O. VELAYUDHAN, KANNAYIL HOUSE, VAZHAMPURAM POST-678595. KARAKURISSI, PALAKKAD DISTRICT. R1 & R2 BY ADV. SRI. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.29394 of 2008 ================================== Dated this the 6th day of October, 2008. JUDGMENT Standing counsel Sri.A.S.P.Kurup takes notice for respondents 1 and 2. Notice to the third respondent is dispensed with preserving his right to move for review of this judgment, if aggrieved. 2. Petitioner is a guarantor for a facility availed by the third respondent from respondents 1 and 2. He pleads that the third respondent is proceeding to sell off some of his properties and settle the transaction and that if the petitioner is dispossessed, he, his wife and their three daughters would be thrown to the streets. Respondents 1 and 2 points out that the third respondent had earlier moved this Court by filing WP(C)No.25497 of 2008 and obtained a final judgment directing payment at the rate of Rs.2.5 lakhs per WPC29394/08 -:2:- month. However that, no payment was made. On such a fact situation, I do not deem it appropriate to delay the recovery proceedings. As a last opportunity, it is ordered that the impugned proceedings will stand deferred by a period of three months if one third of the total outstandings is deposited within one month from now. If the aforesaid amount is not paid and if the remaining is not cleared off within three months fixed above, respondents 1 and 2 will be at liberty to further proceed with the impugned action. Writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. sl.