IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 20198 of 2008(D) ---------------------------------------- PETITIONER: -------------------- SOUMINI, W/O SACHITHANANDAN, KODIYATHU HOUSE, P.O. MURIKKUNGAL, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------------------- 1. IRINGALAKKUDA AGRICULTURAL AND RURAL DEVELOPMENT BANK NO. 312,KODAKARA BRANCH REPRESENTED BY ITS MANAGER, IRINJALAKKUDA, THRISSUR. 2. SPECIAL SALE OFFICER, IRINGALAKKUDA AGRICULTURAL AND RURAL DEVELOPMENT BANK, IRINGALAKKUDA, 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT, THRISSUR. BY ADV. SRI. V.G.ARUN – R1 & R2 SRI. T.R. HARIKUMAR – R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.20198 OF 2008 ---------------------------------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T Heard the learned counsel for the petitioner and the learned counsel for the respondents. Petitioner availed a loan facility and defaulted in repayment. This led to consequent statutory proceedings. There is no jurisdictional error or legal infirmity in the action taken against the petitioner. Faced with that situation, the learned counsel for the petitioner confined his submissions for a relief to let the petitioner to pay off the entire outstandings in instalments and avert further distress action. Having heard the learned counsel on either side on the aforesaid issue, this writ petition is ordered directing that if the petitioner remits amounts at the rate of Rs.20,000/- per month payable on or before the last working day of every month commencing from July 2008 and thus wipes off the W.P.(C) No.20198/08 - 2 - entire outstandings, including all accruals and incidentals, the impugned action will stand dropped. If there is default in remitting any of the instalments as afore-directed, the benefit of this judgment shall stand re-called automatically. It is also clarified that this will not stand in the way of the petitioner seeking any ameliorative relief from the bank by way of reduction in the total outstandings, in accordance with law. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/7/8 // True copy // P.A. to Judge.