IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 37787 of 2008(W) -------------------------- PETITIONER(S): --------------- 1. KRISHNAMMAL,W/O. CHAMIYAPPAN PILLAI, CHERUMKODE HOUSE, VANDAZHAI P.O., VADAKKENCHERRY, ALATHUR TALUK, PALAKKADU. 2. NARAYANAN, S/O. CHAMIYAPPAN PILLAI, CHERUMKODE HOUSE, VANDAZHI P.O., VADAKKENCHERY, ALATHUR, PALAKKADU BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): --------------- 1. THE PALAKKADU DISTICT CO-OPERATIVE BANK LTD., REPRESENTED BY THE BRANCH MANAGER, MANGALAM DAM BRANCH, MANGALAMDAM P.O., ALATHUR TALUK, PALAKKADU DIST. 2. THE SPECIAL SALE OFFICER, THE PALAKKADU DISTRICT CO-OPERATIVE BANK LTD, PALAKKADU 678 001. R1 BY ADV. SRI.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37787 OF 2008 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT 1. Petitioners availed a loan from the first respondent and defaulted repayment. That loan transaction of 1999 led to a writ petition (W.P(C).No.23459/04), which was disposed of on 23.11.2004, directing consideration of the request of the petitioners for One Time Settlement. The decision of the bank in that regard was not honoured. Thereafter, in an Adalath on 10.10.2007, the parties have agreed to settle the matter as per Ext.P1. That was also not adhered to. The outstandings grew resulting in the bank taking up the matter for further sale proceedings. The petitioners hold out Ext.P2 agreement for sale and state that certain amounts obtained in that connection had been paid by them into yet another account with the State Co-operative bank and that they may be granted time till the end of the current financial year to wipe off the outstandings due to the first respondent. WPC.37787/08 Page numbers 2. Going by the counter affidavit of the first respondent, the amounts due by the end of January, 2009 would be around Rs.2,75,000/-. This means that by the end of March, 2009, that should be around Rs.2,80,000/-. On the basis of that rough estimate, it is directed that if the petitioners deposit an amount of Rs.1,00,000/- on or before 26.2.2009 and the remaining amounts on or before 27.3.2009, the distress action will be dropped. I do not think that the petitioner is entitled to any further relief in this writ petition. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.