Meenakshi vs The General Manager on 3 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19980 of 2008(C)


1. MEENAKSHI, W/O.LATE NARAYANAN,
                      ...  Petitioner

                        Vs



1. THE GENERAL MANAGER,
                       ...       Respondent

2. THE SPL. SALE OFFICER FOR OTTAPALAM

                For Petitioner  :SRI.E.R.VENKATESWARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/07/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                    W.P(C).No.19980 OF 2008
                   -------------------------------------------
                Dated this the 3rd day of July, 2008


                               JUDGMENT

Heard learned counsel for the petitioner, Adv.sri.Vinod

Madhavan for the first respondent and learned senior

Government Pleader for the second respondent.

2. The petitioner availed a loan in 2004. She failed to repay.

Unfortunately, she lost her husband thereafter and faced with

distress action.

I have perused the materials on record. Having heard

counsel on either side and having regard to the nature of the

transaction, including the fact that if the transaction is treated as

a running account, it will continue for a period of 60 months, this

writ petition is disposed of repelling all contentions against the

impugned distress action, however, directing that if the

petitioner pays off the entire outstandings, including accruals, by

remitting amounts at the rate of Rs.4,000/- per month, payable

WPC.19980/08
Page numbers

on or before the 28th of every month commencing from July,

2008, distress action shall stand 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.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.3/7.