IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 14373 of 2008(J) ------------------------------------- PETITIONER: -------------------- AHAMEDKOYA.N,S/O.MOIDEENKOYA.N., AGED 58 YEARS, YUNUS MAHAL, MADAMPARAMP, P.O.ARAKINAR, NADUVATTOM AMSOM DESOM, BEYPORE,CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: ----------------------- 1. THE CALICUT CO-OPERATIVE URBAN BANK LTD, NO.1538 - KALLAI ROAD, CALICUT -673 002, REPRESENTED BY AUHTORISED OFFICER/GENERAL MANAGER. 2. THE UNION OF INDIA,REPRESENTED BY THE SECRETARY, (BANKING & INSURANCE) DEPARTMENT OF FINANCE, PARLIAMENT STREET, NEW DELHI - 110 001. ADV. SRI.DEVAPRASANTH.P.J. FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14373/2008 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE OVERDRAFT STATEMENT OF ACCOUNT DT. 25/4/2008 BY THE R1. EXT.P2. COPY OF THE POSSESSION NOTICE DT. 6/5/08 BY THE R1 THROUGH ITS GENERAL MANAGER. EXT.P3. COPY OF THE NOTICE ISSUED BY THE R1 THREATENING TO PUBLISH THE MATTER IN TWO DAILIES WITHIN 7 DAYS. RESPONDENT'S EXHIBITS: NIL. True copy Tga Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.14373 of 2008 ================================== Dated this the 29th day of May, 2008. JUDGMENT Learned counsel for the petitioner, after arguing the matter for quite sometime, has rightly withdrawn those contentions since they are legally unsustainable and there is no legal or jurisdictional infirmity in the impugned proceedings. He accordingly confines his submission to a request that the petitioner may be permitted to wipe off the outstandings in instalments at the rate of Rs.25,000/- per month. After hearing the learned counsel for the petitioner, learned counsel for the Bank and also the Central Government counsel, this writ petition is disposed of directing that if the petitioner remits at the rate of Rs.25,000/- per month, payable on or before the 25th of every month WPC14373/2008 -:2:- commencing from June, 2008, and thereby wipes off the entire outstandings and all accuring incidentals, further distress action will stand dropped. If the petitioner fails to remit any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and the respondents will be at liberty to forthwith proceed with distress action. Thottathil B.Radhakrishnan, Judge. sl.