IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23096 of 2008(Y)
1. SIVAN,S/O PARAMAN, SIVANANDA VILASOM,
... Petitioner
Vs
1. IRINJALAKUDA TOWN CO-OPERATIVE'BANK LTD.
... Respondent
2. ARBITRATOR CUM SALE OFFICER,
3. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.M.R.SASITH
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :31/07/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).NO.23096 OF 2008-Y
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Dated this the 31st day of July, 2008.
J U D G M E N T
Advocate Sri.T.R. Harikumar appears for the first
respondent. Notice to respondents 2 and 3 is dispensed with.
Learned counsel for the first respondent submits on
instruction that after the issuance of Ext.P1 impugned order, the
petitioner remitted an amount of Rs. One lakh. Having heard
the learned counsel for the petitioner, it is seen that there is
no jurisdictional error or legal infirmity in the issuance of Ext.P1.
No other ground is also argued before me on the question of
legality of Ext.P1. The learned counsel for the petitioner
ultimately confines his submission by stating that the petitioner
gives up all other contentions and prays that he may be
permitted to pay off the remaining outstandings in
instalments. Having regard to the total amount still
outstanding, it is directed that distress action following Ext.P1
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will stand deferred, if the petitioner, at the rate of Rs.50,000/-
per month, payable on or before 25th of every month
commencing from 25th August, 2008 and thereby wipe off the
entire outstandings . This order does not stand in the way of
the first respondent extending any ameliorative measure, as
may be available in accordance with law, on the request of the
petitioner. If there is default in remitting any of the
instalments as directed above, the benefit of this judgment will
stand recalled automatically.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
cl
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