IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 35048 of 2008(V) -------------------------- PETITIONER(S): --------------- 1. T.S.KOTHANDARAMAN MOOTHEDATHU HOUSE, VIYOOR PO., TRISSUR. ADDL.2. SARADAMBAL, W/O.KOTHANDA RAMAN, MOOTHEDATHU HOUSE, VIYOOR, TRISSUR. 3. KARTHIK, S/O.KOTHANDA RAMAN, MOOTHEDATHU HOUSE, VIYOOR, TRISSUR. (ADDL.P2 & P3 IMPLEADED VIDE ORDER DATED 16.12.2008 ON I.A.NO.16021/08) BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. ANDHRA BANK TRISSUR BRANCH, REP. BY THE MNAGER, 1ST FLOOR, NATIONAL TOURIST BLDG. M.G.ROAD, TRISSUR. 2. AUTHORISED OFFICER, ANDHRA BANK, TRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.35048 OF 2008 ------------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT Heard. The only ground pressed at the time of admission is for grant of some time to settle the transaction. Six months' time is sought for. It is essentially impermissible. The plea that the impugned proceedings are in violation of the Security Interest Enforcement Rules does not stand. Rejecting all other contentions, it is directed that if the petitioner deposits the entire outstandings in four equal monthly instalments, payable on or before the last working day of every month commencing from December, 2008, the impugned distress action will stand deferred and ultimately dropped. 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. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.