IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 35397 of 2008(L) ------------------------------------- PETITIONER(S): ---------------------- 1. C.D.MATHEW S/O. DANIEL, TC.2/405(1), ULLOOR, MEDICAL COLLEGE P.O.THIRUVANANTHAPURAM, PIN-695011. 2. SARAMMA MATHEW, W/O.C.D.MATHEW, T.C.2/405(1),ULLOOR,MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM PIN-695011. BY ADV. SRI.G.HARIHARAN RESPONDENT(S): ------------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD, MEDICAL COLLEGE BRANCH, MEDICAL COLLEGE JUNTION, THIRUVANANTHAPURAM PIN-695011. 2. THE KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, OVER BRIDGE JUNCTION THIRUVANANTHAPURAM, PIN-695001. BY STANDING COUNSEL SRI.NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 35397 OF 2008 (L) ------------------------------------------------------ Dated this the 1st day of December, 2008 J U D G M E N T The limited submission made by the learned counsel for the petitioners is that his clients may be given an opportunity to wipe off the entire amounts by depositing Rs.5 lakhs within a period of two weeks and remaining amounts in three installments in the current financial year. Recording this submission, repelling all other contentions and foreclosing the right of the petitioners to move before any statutory authority including DRT, this writ petition is ordered directing that if the petitioners pay an amount of Rupees five lakhs within a period of two weeks and remaining amounts on or before 30th January, 2009, 25th February, 2009 and 28th March 2009, the impugned distress action shall stand dropped. If there is default in remitting any of the instalments as afore-directed, the benefit of this judgment will stand recalled and this writ petition will stand dismissed automatically, enabling the respondents to forthwith proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/2/12