IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 6486 of 2008(V) ------------------------- PETITIONER(S): --------------- 1. THANKAMANI, W/O. LATE NARAYANAN, PALANCHERI HOUSE, PUTHANPALLI, GURUVAYUR. 2. SHEEJA SAHTYAN, W/O. SATHYAN, PALANCHERI HOUSE, PUTHANPALLI, GURUVAYUR. BY ADV. SMT.JAYASREE MANOJ SRI.M.RISHIKESH SHENOY RESPONDENT(S): --------------- 1. THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD.NO.F.1652, GURUVAYUR REPRESENTED BY ITS GENERAL MANAGER. 2. SPECIAL SALE OFFICER, THE GURUVAYUR CO-OPERATIVE URBAN BANK LTD. NO.F.1652,C/O. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), P.O. CHAVAKKAD. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. R1 BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2, R3 BY BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.6486/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REPRESENTATION DATED 28.3.2005 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P2: TRUE COPY OF THE RECEIPT DATED 31.3.2005 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER. EXT.P(a): TRUE COPY OF THE RECEIPT DATED 31.3.200 ISSUED BY THE FIRST RESPONDENT TO THE SECOND PETITIONER. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 2.1.2006 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. EXT.P4: TRUE COPY OF THE AUCTION NOTICE DATED 23.1.2006 ISSUED BY THE SECOND RESPONDENT. EXT.P5: TRUE COPY OF THE AUCTION NOTICE DATD 23.1.2006 ISSUED BY THE SECOND RESPONDENT. EXT.P6: TRUE COPY OF THE JUDGMENT DATED 21.3.2007 IN W.P(C).5647/06. EXT.P7: TRUE COPY OF THE ORDER DATED 20.12.2007 PASSED BY THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): TRUE COPY OF THE AGREEMENT DATED NIL. EXT.R1(b): TRUE COPY OF THE AWARD IN ARC 115/02 DATED 26.6.2002. EXT.R1(c): TRUE COPY OF THE AWARD DATED 0.3.2003. EXT.R1(d): TRUE COPY OF THE STATEMENT OF ACCOUNT IN RESPECT OF LOAN NO.37/93-94. EXT.R1(e): TRUE COPY OF THE STATEMENT OF ACCOUNT IN RESPECT OF LOAN NO.691/01. EXT.R1(f): TRUE COPY OF THE SAME NO.731/01. EXT.R1(g): TRUE COPY OF THE STATEMENT IN RESPECT OF REMITTANCE IN ACCOUNT NO.S.2513. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6486 OF 2008 ------------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT Petitioners are debtors of the first respondent. While the petitioners assert that they are entitled to the benefit of Circular No.1/09 as modified by Circular No.5/09, the bank states that it was always willing to extend the benefit of the earlier circular even at an earlier point of time, however, that the petitioners were trying to dodge of the liability by taking the stand that the documents are fabricated. Whatever that be, as of now, the petitioners stated before me, through their learned counsel, that they are willing to settle the transaction if the benefit of Circular No.1/09 as modified by Circular No.5/09 is extended and the amount of Rs.4,00,000/-, deposited following the interim order, are given credit to, after re-conciliation of grounds on the basis of the said circulars. I deem it appropriate that the bank considers giving the petitioners an opportunity to settle the transaction as aforesaid. It is so directed and the writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/2.