IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 22013 of 2008(U) ---------------------------------------- PETITIONER: ---------------------- EAPEN MATHEW, AAKATHERA HOUSE, KAYALPURAM, PULINCUNNU, ALLEPPEY. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS: ------------------------ 1. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, POST BOX NO. 106, ALAPPUZHA. 2. THE SPECIAL SALES OFFICER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., ALAPPUZHA - 1. BY ADV. SRI.V.G.ARUN,SC,ALAPPUZHA DIST.CO.OP.BANK) FOR R1 SRI.T.R.HARIKUMAR ) BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN -R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.22013 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. JUDGMENT 1.Read the order dated 22-7-2008. 2.Today it is submitted by the learned counsel for the petitioner and the learned counsel for the bank that following negotiation, the bank has benevolently considered the request of the petitioner and accordingly, he has to remit 25% of the total outstandings on 31-12-2008. In the aforesaid circumstances, this writ petition is ordered directing that after remittance of 25% of the outstandings on 31-12- 2008, if the petitioner remits the remaining amounts in eight equal monthly instalments payable on or before the last working day of every month commencing from January, 2009, the WP(C)22013/2008 -: 2 :- distress action will stand dropped. If there is default in remitting any of the instalments as afore-directed, the benefits of this judgment will stand recalled and the writ petition will stand dismissed automatically enabling the respondents to forthwith proceed with further recovery proceedings without notice to the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/060908