IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 15783 of 2008(D) -------------------------------------- PETITIONER: ------------------- CHACKO THOMAS, AGED 73 YEARS, THONDUKANDAM HOUSE, MEENADAM P.O, PUTHUPPALLY VILLAGE, KOTTAYAM. BY ADV. SRI.UNNI. K.K. RESPONDENT: --------------------- 1. ASST. REGISTRAR OF CO-OP. SOCIETIES, KOTTAYAM. 2. GENERAL MANAGER, KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO.421, KOTTAYAM. 3. SPECIAL SALES OFFICER, KOTTAYAM CO-OPERATIVE URBAN LTD.NO.421. KOTTAYAM. *ADDL.R4. JOSEPH CHACKO, AGED 43 YEARS, S/O. THOMAS CHACKO, PUTHUPARAMBIL, S. PURAM.P.O., KURICHI, KOTTAYAM DIST. *ADDL.R4 IMPLEADED AS PER ORDER IN I.A. 8268/08 DTD. 27/06/08. R1 & R3 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, R2 BY ADV. SRI.SURIN GEORGE IPE, ADDL.R4 BY SRI.P.A.MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15783 of 2008-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2009. JUDGMENT Read orders dated 27-6-2008 and 25-9-2008. Taking into consideration the contents of those orders and the fact that the petitioner has complied with the directions contained in the order dated 25-9-2008, the additional fourth respondent is satisfied that he has been paid off the amounts due to him in terms of that interim order and the creditor bank is also satisfied that the amount covered by that interim order has been paid. It, therefore, states that it will provide the petitioner an opportunity to pay the remaining outstandings in terms of the instalment facility which the petitioner would have had under the original loan transaction, however that, if there is any default in remitting the instalments, the impugned distress action should be permitted to WP(C)15783/2008 -: 2 :- be immediately enforced. This is a just, reasonable and fair suggestion. Taking that into consideration, it is ordered that if the petitioner pays the further outstandings due from October, 2008 to regularise the payment schedule within a period of 45 days from now and continues to remit the subsequent instalments due from now, the bank will hold back the further distress action to enable the petitioner to enjoy the repayment period. The payment of the accruals from October, 2008 till now would also carry necessary interest in terms of the discretion of the bank. This shall also be paid along with that amount. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030109