IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34236 of 2008(A) -------------------------- PETITIONER(S): --------------- RADHAKRISHNAN.R, S/O.RAMANKUTTY, AGED 43 YEARS, RESIDING AT "ATHULYA BHAVAN", POLACHIRA.PO, KOLLAM DISTRICT. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT(S): --------------- 1. THE DISTRICT CO-OPERATIVE BANK LIMITED, CHATHANNUR BRANCH, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER. 2. THE MANAGER, DISTRICT CO-OPERATIVE BANK LIMITED, CHATHANNUR, KOLLAM. 3. THE ASSISTANT REGISTRAR ARBITRATOR KOLLAM DISTRICT CO-OPERATIVE BANK LIMITED, KOLLAM. R1, R2 BY ADV.SRI.B.VINOD, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34236 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner availed a loan with the support of sureties. On default, the bank obtained an arbitration award under the Kerala Co-operative Societies Act, 1969 and is proceeding against the sureties. Ext.P3 shows that the bank has offered the benefit of One Time Settlement Scheme. But that amount has to be paid by the 29th of this month. The petitioner states that he is unable to pay such amount by that time and that the may be granted opportunity to pay it in instalments. Under such circumstances, this writ petition is ordered directing that distress action, if any, against the sureties would not be enforced provided the petitioner remits amounts at the rate of Rs.10,000/- per month, payable on or before the 25th of every month commencing from November, 2008. If there is no such remittance, the bank will immediately intimate the respective employers of the sureties and there would be immediate recovery from the salaries of the sureties. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.