IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36963 of 2008(A) -------------------------- PETITIONER(S): --------------- KRISHNAMMA, AGED 69,D/O.CHALLAMA, T.C.NO.52/1381, THEVARAPPAZHINJI, MEKKETHATTU PUTHENVEEDU, THEVARPPAZHINJI, OOLANKUZHI, POOZHIKUNNU, INDUSTRIAL ESTATE.P.O, PAPPANAMCODU, TRIVANDRUM-19. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): --------------- 1. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERTIVE HOUSING FEDERATION, VANCHIYOOR, MALLOOR ROAD, TRIVANDRUM. 2. PAPPANAMCODU HOUSING -CO-OPERATIVE SOCIETY LTD.NO.T. 748, PAPPANAMCODU.PO. TRIVANDRUM-8. R1 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36963 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Notice to the second respondent dispensed with preserving its right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for the first respondent. The petitioner faced an arbitration award passed in the year 2005 for amounts due under a housing loan. The total amount availed is Rs.35,000/-. After Ext.P1, the petitioner made remittances evidenced by Exts.P2 and P3. Since the award was yet to be satisfied, Ext.P4 notice has been issued, fixing the total recoverable amount as Rs.68,273/-. The limited plea is for an opportunity to pay off the entire outstandings. Recording this submission and repelling all other contentions, it is directed that the impugned distress action will stand suspended for a period of six months to enable the petitioner to pay off the entire outstandings in six equal monthly instalments, payable on or before the last working day of every moth commencing from WPC.36963/08 Page numbers December, 2008. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.