IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23096 of 2008(Y) -------------------------- PETITIONER: --------------- SIVAN,S/O PARAMAN, SIVANANDA VILASOM, PULIKKANNI DESOM, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.M.R.SASITH PANICKER SRI.M.R.SARIN PANICKER RESPONDENTS: ------------- 1. IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, IRINJALAKUDA, THRISSUR DISTRICT. 2. ARBITRATOR CUM SALE OFFICER, IRINJALAKUDA TOWN CO-OPERATIVE, BANK LTD., IRINJALAKUDA. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. T.R. HARIKUMAR SMT. ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.23096 OF 2008-Y ---------------------------------------------- Dated this the 31st day of July, 2008. J U D G M E N T Advocate Sri.T.R. Harikumar appears for the first respondent. Notice to respondents 2 and 3 is dispensed with. Learned counsel for the first respondent submits on instruction that after the issuance of Ext.P1 impugned order, the petitioner remitted an amount of Rs. One lakh. Having heard the learned counsel for the petitioner, it is seen that there is no jurisdictional error or legal infirmity in the issuance of Ext.P1. No other ground is also argued before me on the question of legality of Ext.P1. The learned counsel for the petitioner ultimately confines his submission by stating that the petitioner gives up all other contentions and prays that he may be permitted to pay off the remaining outstandings in instalments. Having regard to the total amount still outstanding, it is directed that distress action following Ext.P1 . 2 will stand deferred, if the petitioner, at the rate of Rs.50,000/- per month, payable on or before 25th of every month commencing from 25th August, 2008 and thereby wipe off the entire outstandings . This order does not stand in the way of the first respondent extending any ameliorative measure, as may be available in accordance with law, on the request of the petitioner. If there is default in remitting any of the instalments as directed above, the benefit of this judgment will stand recalled automatically. THOTTATHIL B. RADHAKRISHNAN, JUDGE. cl . 3