IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 25101 of 2008(L) -------------------------------------- PETITIONER: ------------------- N.J.JOSEPH, S/O.JOSEPH, NEENDUR HOUSE, THACHINGANADAM, PERINTALMANA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN. RESPONDENTS: ----------------------- 1. THE URBAN CO-OPERATIVE BANK LTD, PERINTALMANNA, REPRESENTED BY ITS SECRETARY, PERINTHALMANNA. 2. THE SPECIAL SALE OFFICER, URBAN CO-OPERATIVE BANK LTD, PERINTALMANNA. 3. THE REGISTRAR OF CO.OPERATIVE SOCITIES, THIRUVANANTHAPURAM. R2 & R3 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R1 BY ADV. SRI.E.K.MADHAVAN, ADV. SRI.V.KRISHNA MENON, ADV. SMT.P.VIJAYAMMA, ADV. SRI.DEVIDAS.U.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25101 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT 1.The petitioner claims that he is a senior citizen. He availed a cash credit facility from the 1st respondent bank, in 1999. The loan, thus, availed for an amount of Rs.75,000/- with agreed rate of interest at 16% per annum, has grown to be one for recovery in terms of the provisions of the Kerala Co-operative Societies Act and Rules. The award has become final and the matter is listed for sale. It is stated that the petitioner has not complied with the conditions imposed in the interim order issued on 20-8-2008. I do not find any jurisdictional error or legal infirmity in the impugned proceedings. While rejecting all the contentions of the petitioner, this writ petition is ordered directing that the impugned distress action will stand deferred for one month WP(C)25101/08 -: 2 :- to enable the petitioner to get a last opportunity to pay the entire outstandings and avoid distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108