IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24261 of 2008(L) ------------------------------------- PETITIONER: PETITIONER -------------------------------------- P.HAMZA, S/O. ABDULLAKUTTY, PALLIKKALAKATH HOUSE, PADINHAREKKARA P.O., VIA KOTTAYI, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT: RESPONDENT:- ----------------------------------------------- THE MALAPPURAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, MALAPPURAM, REPRESENTED BY ITS GENERAL MANAGER, P.O. MALAPPURAM. BY STANDING COUNSEL SMT.P.VIJAYAMMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.24261 OF 2008 (L) ---------------------------------------------------------------- Dated this the 13th day of August, 2008 J U D G M E N T The petitioner availed a facility from the respondent and later defaulted in repayment. The plea of the petitioner on the question of legal infirmity and jurisdictional error in the impugned action does not stand. Having regard to the fact that the transaction is admitted and the default is not disputed. Under such circumstances, learned counsel for the petitioner states, giving up all other contentions, that the petitioner is ready to pay off the entire outstandings in instalments. Recording this submission and having heard the learned counsel for the respondent in that regard, it is directed that the distress action will stand deferred, if the petitioner remits at the rate of Rs.25,000/- per month payable on or before the last working day of every month commencing W.P.(C) No.24261/2008 - 2 - from August 2008, the bank will give due credit to the remittances already made. If payments as aforesaid are duly made, the sale shall stand deferred and ultimately it will be treated as satisfaction of the remaining outstandings. The petitioner will also be at liberty for any ameliorative relief that may be available and that may be extended by the bank in terms of law. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/13/8 // True copy // P.A. to Judge.