IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 3397 of 2009(D) ------------------------- PETITIONER(S): --------------- 1. J.BABURAJ, AGED 34 YEARS, S/O. BABY, PUTHUVAL PUTHEN VEEDU, RANDMCHIRA, ULLIYAZHUTHURA VILLAGE, THIRUVANANTHAPURAM. 2. BABY, D/O. KUNJI, PUTHUVAL PUTHEN VEEDU, RANDAMCHIRA, ULLIYAZHUTHURA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. THIRUVNANTHAPURAM DISTRICT CO-OPERATIVE BANK, REPRESENTED BY GENERAL MANAGER, EAST FORT, THIRUVANANTHAPRUAM. 2. AUTHORISED OFFICER, THIRUVANANTHAPURAM DIST CO-OPERATIVE BANK, EAST FORT, THIRUVANANTHAPURAM. 3. BRANCH MANAGER, THIRUVANANTHAPURAM DIST CO-OPERTIVE BANK, SREEKARIAM, THIRUVANANTHAPURAM. BY ADV.SRI.K.G.RADHAKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3397 OF 2009 ------------------------------------------- Dated this the 2nd day of February, 2009 JUDGMENT After arguing the matter for quite some time, learned counsel for the petitioners submits that all other grounds of challenge to the impugned proceedings are given up and the petitioners also give up their right to move the Debts Recovery Tribunal under the SARFAESI Act and confines the request to be one for an opportunity to pay off the outstanding amounts in six instalments. Recording this submission and after hearing the counsel on both sides in that regard, it is directed that if the entire amounts due under the impugned recovery is paid up in six equal monthly instalments, payable on or before the 20th of every month commencing from February, 2009, the impugned distress action will be deferred and ultimately dropped on satisfaction. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action will follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.