IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 896 of 2009(F) ------------------------------ PETITIONER: ------------------ SOWDAMINI, W/O.GANGADHARAN, CHAMMANDAPARAMBIL HOUSE, NANDIPULAM DESOM, VILLAGE MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: ---------------------- 1. NANDIPULAM SERVICE CO-OP.BANK LTD., NANDIPULAM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL SALE OFFICER, ASST.REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) OFFICE, MUKUNDAPURAM, IRINJALAKUDA. R2 BY GOVT. PLEADER SRI. K. C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 896 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of January, 2009 JUDGMENT Notice to the first respondent is dispensed with preserving its to seek review of this judgment, if aggrieved. Learned Government Pleader appears for the second respondent. 2. The petitioner states that her husband availed a loan of Rs.50,000/- (Rupees Fifty lakhs only) from the first respondent in 2001. An auction has been initiated in execution of arbitration award. The petitioner contends that she is an agricultural labourer and is entitled to reduction of the total outstanding by way of one time settlement. 3. The award became final. The execution proceedings are taken out. Under such circumstances, it is ordered that if the petitioner deposits at the rate of Rs.15,000/- (Rupees Fifteen thousand only) per month payable on or before the last working day of every month commencing from January 2009, the impugned distress action will be deferred and ultimately dropped. If there is default in depositing WP(C). No. 896 of 2009 : 2 : any of the installments as aforesaid, the benefit of this judgment will stand recalled automatically and this writ petition will stand dismissed and the respondents will be at liberty to forthwith proceed with distress action as such. It is clarified that this judgment will not stand in the way of the petitioner requesting the first respondent to consider any claim for reduction of the total outstandings due from the petitioner. Writ petition is disposed of as above. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) KMD