IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31631 of 2008(N) -------------------------------------- PETITIONER(S): ------------------- 1. JOY S/O.GEORGE,AGED 42 YEARS, VAZHAPILLY HOUSE,PUTHOOR DESOM, THRISSUR DISTRICT. 2. ROSE MARY,W/O.JOY, AGED 39 YEARS, VAZHAPILLY HOUSE,PUTHOOR DESOM, THRISSUR DISTRICT. BY ADV. SMT.PRIYA RAMESH RESPONDENT(S): --------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK REP. BY ITS,BRANCH MANAGER,MUNDOOR BRANCH, THRISSUR DISTRICT. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES/ARBITRATOR CUM SPECIAL SALE OFFICER THRISSUR DISTRICT CO-OPERATIVE BANK LTD SAHAKARAN SHADABDI MANDIRAM, THIRUVAMBADU P.O. THRISSUR. STANDING COUNSEL SRI.P.C.SASIDHARAN FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 31631 OF 2008 (N) ------------------------------------------------------ Dated this the 29th day of October, 2008 J U D G M E N T Heard the learned counsel for the petitioners and learned counsel for the respondents. 2. Petitioners availed a loan from the first respondent bank, defaulted in repayment and is facing recovery and execution of arbitration award under the Kerala Co-operative Societies Act. There is no jurisdictional error or legal infirmity in the impugned action. The total outstandings would come to the tune of Rs.1,42,000/- by the end of September, 2008. Having regard to the totality of the facts and circumstances, repelling all other contentions, this writ petition is ordered directing that if the petitioners deposit the total outstandings in six equal monthly instalments, payable on or before the 20th of every month, commencing from November, 2008, the distress action will be withheld and dropped. If there is default in remitting any of the instalments 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. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/31/10