IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30880 of 2008(A) -------------------------- PETITIONER(S): --------------- SATHYAN, S/O. KUTTAPPAN VAIDYAR, KANDANATTU HOUSE, KAYPAMANGALAM.P.O, THRISSUR DISTRICT. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S): --------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD. NO. 60, SAHAKARANA SATHABDI MANDIRAM TUDA ROAD, THRISSUR-22, REPRESENTED BY ITS GENERAL MANAGER. 2. ASSISTANT REGISTRAR/SPECIAL SALE OFFICER THRISSUR DISTRICT CO-OPERATIVE BANK LTD. NO.60, SAHAKARANA SATHABDI MANDIRAM TUDA ROAD, THRISSUR-22. 3. THE JOINT REGISTRAR (GENERAL), THRISSUR. R1 BY ADV.SRI.P.C.SASIDHARAN, S.C. R3, R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30880 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT The petitioner availed certain facility from the first respondent, failed in repayment and is facing action under the Kerala Co-operative Societies Act and Rules. The award has become final. The proceedings cannot be defaulted and there is no jurisdictional error or legal infirmity in it. Having heard learned counsel for the petitioner and learned counsel for the first respondent, it is seen that the petitioner had made substantial payments after Ext.P3. Taking into consideration the amounts remitted as per Exts.P4 and P5, it is directed that the impugned proceedings shall stand deferred if the petitioner remits the entire outstandings in five equal monthly instalments, payable on or before the 20th of every month, commencing from November, 2008. 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.