IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 5733 of 2009(J) ------------------------- PETITIONER(S): --------------- GEETHA, AGED 43 YEARS, W/O.PRASANNAN, KARATTUPARAMBIL HOUSE, KATTUNGACHIRA, IRINJALAKUDA, TRICHUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. GENERAL MANAGER, DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, THRISSUR. 2. MANAGER, DISTRICT CO-OPERATIVE BANK, THRIPRAYAR BRANCH, NATTIKA P.O. 3. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, THRISSUR. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (ARBITRATOR CUM SPECIAL SALE OFFICER), THRISSUR DISTRICT CO-OPERATIVE SAHAKARANA SATHABDI NILAYAM, TUDA ROAD, THRISSUR. R1 AND R2 BY SC SRI P C SASIDHARAN R3 AND R4 BY GOVT.PLEADER, SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 5733 OF 2009 ............................................ DATED THIS THE 26TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner claims that she is the daughter in law of a co- obligant, who is now no more. Petitioner is also, according to her, a co-obligant. The matter relates to settlement of dues to a bank. Following the interim order dated 20.2.2009, the petitioner participated in an Adalath held by the Co-operative Department. But the learned counsel for the bank states that neither the principal debtor nor the other co-obligants appeared. I am clear in my mind that there cannot be any settlement and thereby reduction of the total outstandings, without a bargain being entered into by all concerned, including the principal debtor. The statutory authority is therefore stated to have relegated the parties to the bank. Now it will be open to the petitioner to persuade the principal debtor and other co-obligants to appear before the bank and have a negotiated settlement. This is recorded. No other grounds considered. Writ petition ordered accordingly, leaving open all other contentions. Obviously, any WP(C) 5733/2009 2 benefit of the circulars, is a matter that bank will have to consider. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/28/2