IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 11549 of 2008(Y) ------------------------------------- PETITIONER: ------------------ ABDUL JALEEL, S/O.K.MOHAMMED KANHIRAPARAMBU, CHITTATTUKARA PANCHAYAT NORTH PARAVUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENT(S): ----------------------- 1. K.M. NAZEER, MYBEE DECORATION MYBEE JUNCTION, MAZJID ROAD, DESHABHIMANI ROAD KALOOR. 2. THE SECRETARY PARAVOOR CO-OPERATIVE BANK, PARAVOOR. 3. THE SALE OFFICER PARAVOOR CO-OPERATIVE BANK, OFFICE OF THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), PARAVOOR. 4. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL), PARAVOOR. ADV. SRI.C.E.UNNIKRISHNAN FOR R1 GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.11549 OF 2008 (Y) and I.A.No.15402/2008 ------------------------------------------------------ Dated this the 3rd day of December, 2008 J U D G M E N T This writ petition was entertained and certain directions were issued regarding payment. As of now, the petitioner seeks variation to that condition. Having heard the learned counsel for the parties, it seems that the impugned recovery order is on the basis of an arbitration award. There is no ground to interfere with this recovery order. However, taking into consideration the payments already made, this writ petition is ordered directing that if the petitioner remits at the rate of Rs.15,000/- per month, 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 this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/12