IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 W.P(C).No. 27204 of 2008(L) -------------------------- PETITIONER: ----------- SANTHAMMA, D/O. GOURI, AGED 58 YEARS, VADAKKEVILA PUTHEN VEEDU, KANNAMCODU MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR SRI. AJITH MURALI RESPONDENTS: ------------ 1. THE KOTTARAKKARA URBAN CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, KOTTARAKKARA.P.O, KOLLAM DISTRICT. 2. THE SPECIAL SALE OFFICER, CO-OPERATIVE ASST. REGISTRAR OFFICE (GENERAL), KOTTARAKKARA, KOLLAM DISTRICT. BY SMT. ANU SIVARAMAN, SR. GOVERNMENT PLEADER -R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27204 OF 2008 ------------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the first respondent is dispensed with, preserving its right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for the second respondent. 2. The petitioner states that her husband availed a loan of Rs.75,000/- in 2006 with she and her daughter as sureties. However, after the death of her husband on 1.9.2007, she could not repay the entire outstandings though some amounts were paid earlier. It appears that an arbitration award was passed in 2008 and execution proceedings were commenced for realising an amount of Rs.78,830/-. Having regard to the totality of the facts and circumstances and in view of the fact that the loan was availed in 2006 and execution proceedings were commenced only in 2008 and because of the domestic situation pointed out WPC.27204/08 Page numbers by the petitioner, I deem it appropriate to let the petitioner pay off the outstanding in 10 equal monthly instalments, payable on or before the 25th of every month commencing from September, 2008. If such amounts are paid without fail, the impugned distress action will be held back and dropped ultimately. The first respondent will also consider any request of the petitioner for waiver of any portion of the total outstandings. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.