IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 25590 of 2007(U) ----------------------------------------- PETITIONER: --------------------- ALICE SCARIA, AGED 52 YEARS, W/O.N.M.SCARIA, RESIDING AT NIRAPPEL, KADAMKAYAM THATTU, KATTIPOYIL P.O., NILESHWAR, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: ------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KASARAGOD. 2. NILESHWAR BLOCK CO-OPERATIVE HOUSING SOCIETY, NILESHWAR, KASARAGOD DISTRICT. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN - R1 BY ADV. SRI.GRASHIOUS KURIAKOSE - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25590/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AWARD IN A.R.C.18/2007 DTD. 23/03/2007. EXT.P2: COPY OF THE PETITION TO SET ASIDE THE EX-PARTE AWARD DTD. 5/06/2007. EXT.P3: COPY OF THE NOTICE OF THE 2ND RESPONDENT SERVED ON THE PETITIONER. EXT.P4: COPY OF THE PETITION DTD. 19/07/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25590 OF 2007 ------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Heard learned counsel for the petitioner and learned counsel for the second respondent. The petitioner availed a housing loan from the second respondent. Later, on default, an award was passed by the competent authority at the request of the second respondent. There is no jurisdictional error or legal infirmity in the impugned proceedings. However, it is requested that the petitioner may be permitted to pay off the remaining outstandings in instalments. It is submitted that amounts covered by the interim orders have been deposited. Hence, repelling all contentions of the petitioner, this writ petition is ordered directing that if the petitioner remits the remaining outstandings in monthly instalments, at the rate of Rs.10,000/- per month, the impugned distress action will stand deferred and the award will be treated WPC.25590/08 Page numbers as satisfied. However, if any two instalments are consecutively defaulted, the benefit of this judgment shall stand recalled automatically and distress action shall follow. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.6/8.