IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No. 33638 of 2008(D) -------------------------- PETITIONER(S): --------------- A.K.SAHADEVAN AGED 60 YEARS, TWINKLE NIVAS, VELLIMANGALAM MANDROTHURUTH, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3. THE AUTHORISED OFFICER (REGIONAL MANAGER INCHARGE,THE STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM REGIONAL OFFICE, OVER BRIDGE JUNCTION, THIRUVANANTHAPURAM. 4. THE MANAGER THE STATE CO-OPERATIVE BANK LTD WATER AUTHORITY BUILDING, ANADAVALLEESWARAM, KOLLAM 691 013. R1, R2 BY GOVT. PLEADER SRI.I.V.PRAMOD R3, R4 BY ADV.SRI.NAGARAJ NARAYANAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33638 OF 2008 ------------------------------------------- Dated this the 14th day of November, 2008 JUDGMENT When this matter is taken up, learned counsel for the petitioner stated that his client may be granted an opportunity to pay off the entire outstandings in instalments and that no other grounds are pressed. Following this submission and foreclosing the petitioner from moving the Debt Recovery Tribunal against the impugned proceedings, and after hearing learned counsel for respondents 3 and 4 as also learned Government Pleader on behalf of respondents 1 and 2, it is ordered that if the petitioner remits the entire outstandings along with accruals on the basis of Ext.P1 in eight equal monthly instalments, payable on or before the last working day of every month, commencing from November, 2008, the impugned distress action will stand deferred and ultimately dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.