IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 17953 of 2008(K) -------------------------- PETITIONER: ------------ K.MAMMALI, PERVATHADUKKA HOUSE, KODIYAMMA P.O. KUMBLA, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN SRI.K.PRAVEEN KUMAR RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO.OP SOCIETIES, KASARAGODE 2. THE KUMBLA SERVICE CO.OP.BANK LTD., REP. BY THE SECRETARY, KUMBLA, KASARAGODE 3. THE PRESIDENT, KUMBLA SERVICE CO.OP.BANK LTD., KUMBLA, KASARAGODE. 4. THE RETURNING OFFICER, KUMBLA SERVICE CO.OP.BANK LTD., KUMBLA, KASARAGODE. BY ADV. SRI.M.SASINDRAN FOR R2 SRI.P.J.DEVAPRASANTH FOR R2 SR. GOVERNMENT PLEADER SMY.ANU SIVARAMAN FOR R17R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23 /06 / 2008, THE COURT ON 23/06/2008 DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) Nos.6123/2006, 17953 and 18692 of 2008 ---------------------------------------------------------------------- Dated this the 23rd day of June, 2008 J U D G M E N T W.P.(C) No.6123 of 2006 was filed by the husband of the petitioner in W.P.(C)No.18692 of 2008. There was an interim order in W.P.(C) No.6123 of 2006 on 01-03-2006 granting stay on condition that an amount of Rs.60,000/- would be deposited within 3 weeks. Therefrom no deposit was made. 2. W.P.(C) No.18692 of 2008 is filed alleging that further proceedings have been taken under the SARFAESI Act. 3. Having heard learned counsel for parties quite in extenso, these writ petitions are disposed of ordering that if an amount of Rs.2,00,000/- is deposited within a period of two weeks from now, without fail, the distress action will stand adjourned to facilitate repayment of the entire out standings, including accruals in eight equal W.P.(C)Nos.6123/2006 and 17953 and 18692 of 2008. - 2 - instalments payable on or before the 10th of every month commencing from August 2008. If there is default in depositing any of the instalments as afore directed, the benefit of this judgment will stand recalled automatically. It is also clarified that the time limit fixed above shall be treated as peremptory and on the facts and circumstances of the case there would be no reason to further enlargement of the time limit. However, it is further directed that if any request of the petitioners for reduction of any portion of the outstandings will be considered by the bank after the aforesaid amount of Rs.2,00,000/- and four installments as aforesaid are deposited. THOTTATHIL B. RADHAKRISHNAN, Judge bps/24-06-2008