IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37355 of 2008(V) ----------------------------------------- PETITIONER(S): ------------------------- V.K.SAIDU, VENNAKADAPARAMBIL HOUSE, VIKAS ROAD, ELAMAKARA, KOCHI. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------------------- 1. ERNAKULAM DIST CO-OPERATIVE BANK LTD., KALOOR (EVENING BRANCH) REPRESENTED BY IT'S MANAGER. 2. INSPECTOR OF CO-OP SOCIETIES// SPECIAL SALE OFFICE, DISTRICT CO-OPERATIVE BANK ERNAKULAM. ADV. SRI.P.V.SURENDRANATH, SC, E.D.CO-OP.BANK FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.37355 OF 2008 (V) ------------------------------------------------------ Dated this the 18th day of December, 2008 J U D G M E N T Petitioner faced recovery proceedings in execution of an arbitration award under the Kerala Co-operative Societies Act, 1969. Arbitration award has become final and the recovery proceedings has to be enforced. Under such circumstances, repelling all other contentions, this writ petition is ordered directing that if the petitioner pays off the entire outstandings in six equal monthly installments, payable on or before the last working day of every month, commencing from December, 2008, the impugned distress action will be withheld and dropped on satisfaction. If there is default in remitting any of the installments as afore-directed, the benefit of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/12 // True copy // P.A.to Judge.