IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE THOTTATHIL B. RADHAKRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 34856 of 2008(Y) -------------------------- PETITIONERS: --------------- 1. K.C. ABDUL KAREEM, S/O. ALAVI MUSLIAYAR, JASNA MANZIL, NADUVAKKAD, MAMPAD.P.O, MALAPPURAM DISTRICT. 2. AYISHA, W/O.ABDUL KAREEM, JASNA MANZIL, NADUVAKKAD, MAMPAD P.O, MALAPPURAM DIST. (IMPLEADED AS PER ORDER DATED 5.12.2008 IN I.A.NO.15452 OF 2008) BY ADV. SRI.P.SAMSUDIN RESPONDENTS: --------------- 1. THE NILAMBUR CO-OPERATIVE URBAN BANK LTD., REPRESENTED BY ITS DEPUTY GENERAL MANAGER, NILAMBUR. 2. THE DEPUTY GENERAL MANAGER, NILAMBUR CO-OPERATIVE BANK LTD., NILAMBUR. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY SHRI.DEVAPRASANTH P.J FOR R1 GOVT. PLEADER SHRI.K.C.SANTHOSH KUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------- W.P(C)No.34856 of 2008-Y ----------------------------------------------------- Dated this the 5th day of December, 2008. J U D G M E N T Having regard to the nature of the directions being issued hereunder, notice to respondents 1 and 2 is dispensed with preserving their right to move for review of this judgment, if aggrieved. Heard the learned counsel for the petitioners and the learned Government Pleader for the 3rd respondent. 2. After arguing the matter for quite some time, the learned counsel for the petitioners confined his submissions to be one on the basis of the undertaking of the petitioners in para 6 of the writ petition and gives up the right, if any, to move the Debts Recovery Tribunal or any other authority against the impugned proceedings. Recording the aforesaid submission of the petitioners as an undertaking, this writ petition is ordered directing that if the petitioners pay 10% of the total amount fixed for recovery in terms of Ext.P2 within a period of two weeks and pay the remaining amount in 10 equal monthly instalments payable on or before the last working day of every month commencing from December W.P(C)No.34856/2008-Y : 2 : 2008, the impugned distress action will stand deferred and ultimately dropped. If there is default in paying any of the instalments as aforesaid, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically, enabling the bank to forthwith proceed with the impugned sale, without fresh notice to the petitioners. THOTTATHIL B. RADHAKRISHNAN, ab/ 5/12 JUDGE