IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15931 of 2008(V)
1. A. NABEESAKUTTY, W/O. T.K. HAMEED,
... Petitioner
Vs
1. THE SHORANUR CO-OP. URBAN BANK LTD.
... Respondent
2. THE SPECIAL SALE OFFICER,
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :29/05/2008
O R D E R
Thottathil B. Radhakrishnan, J.
==================================
W.P.(C)No.15931 of 2008
==================================
Dated this the 29th day of May, 2008.
JUDGMENT
Having regard to the nature of the directions
being issued hereunder, notice to the first
respondent is dispensed with preserving its right
to move for review of this judgment, if aggrieved.
Learned senior Government Pleader takes notice for
the second respondent.
2. Petitioner availed a loan, which,
according to her, was for the purpose of setting up
an STD booth. Ext.P1 shows that the total amount
availed by her had grown to Rs.57,298/- as on 13-5-
2008 and the first respondent had obtained an
arbitration award and had initiated execution
proceedings in 2008. After arguing the matter for
quite sometime, learned counsel for the petitioner
confines his submission to a request that the
WPC15931/2008
-:2:-
petitioner belonging to the economically lower
strata of the society may be permitted to wipe off
the entire outstandings in instalments, so that she
could be saved from distress action.
3. Having considered the entire materials on
record, it is directed that if the petitioner
remits at the rate of Rs.8,000/- per month, payable
on or before the 20th of every month commencing from
June, 2008, including all accruals in the aforesaid
manner, the impugned distress action shall stand
dropped. If the petitioner fails to remit any of
the instalments as aforesaid, the benefit of this
judgment will stand recalled automatically and the
respondents will be at liberty to forthwith proceed
with distress action. It is clarified that this
judgment will not stand in the way of the first
respondent considering any request of the
petitioner for any waiver of interest or any other
benefit which may be available, in accordance with
WPC15931/2008
-:3:-
law.
Writ petition is disposed of as above.
Thottathil B.Radhakrishnan,
sl. Judge.