IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 7845 of 2009(A) ------------------------- CRMP.1133/2009 of C.J.M.,KOLLAM .................... PETITIONER(S): --------------- K.SHEELA W/O.P.RAJENDRAN,PADMA VIHAR, POOVATOOR WEST,MAVADI P.O. KOLLAM DISTRICT, (PROPREITRIX-M/S.SWATHY FEEDS, POOVATTOOR WEST, MAVADI P.O. KOLLAM DISTRICT) BY ADV. SRI.LEGY ABRAHAM RESPONDENT(S): --------------- 1. THE MANAGER, STATE BANK OF TRAVANCORE (ASSOCIATE OF THE STATE BANK OF INDIA),KOLLAM MAIN BRANCH,BISHOP JEROME NAGAR, KOLLAM-691001. 2. THE AUTHORISED OFFICER, CHIEF MANAGER, STATE BANK OF TRANVANCORE, KOTTARAKKARA MAIN BRANCH,KOTTARAKKARA. 3. SHAJAN CHERIAN JOH, (ADVOCATE COMMISSIONER IN CRL.M.P. NO.1133/09 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT,KOLLAM) ADVOCATE, EAST OF CIVIL STATION, KOLLAM. ADV. SRI.K.S.DILIP, SC FOR SBT FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7845 OF 2009 ............................................ DATED THIS THE 12TH DAY OF MARCH, 2009 JUDGMENT Learned standing counsel takes notice for respondents. The loan in question ought to have been closed in November 2008. Accordingly, it is ordered that if the petitioner remits an amount of Rs.2,00,000/- before 28.3.2009, and continues to remit @ Rs.75,000/- per month, payable on or before the last working day of every month, commencing from April 2009, the impugned distress action will stand deferred. If there is default in payment of any of the instalments as aforesaid, the benefit of this judgment will stand automatically recalled. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/13/3