IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WA.No. 67 of 2009() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36717/2008 Dated 12/12/2008 .................... APPELLANT(S): -------------- ELISTEN D'CRUZ ,AGED 56 YEARS, S/O. SILVER D'CRUZ, MARGRET HOUSE, T.C. 45/1011, MARGRET ROAD, CHERIATHURA THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.A.NAVAS RESPONDENT(S): --------------- 1. THE GENERAL MANAGER THE TRIVANDRUM CO-OPERATIVE URBAN BANK LIMITED P.B.NO. 115, M.G.ROAD, THIRUVANANTHAPURAM. 2. THE SALES OFFICER, THE TRIVANDRUM CO-OPERATIVE URBAN BANK LIMITED THIRUVANANTHAPURAM DISTRICT. 3. ASSISTANT/JOINT REGISTRAR (GENERAL) OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) FOR CO-OPERATIVE URBAN BANK LTD, THIRUVANANTHAPURAM DISTRICT. 4. THE ARBITRATOR, THE TRIVANDRUM CO-OPERATIVE URBAN BANK LIMITED P.B.NO. 115, M.G.ROAD, THIRUVANANTHAPURAM. ADV. SRI.GEORGE POONTHOTTAM, SC FOR R1. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.67 of 2009 ---------------------------------------------- Dated 6th March, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal at the instance of the writ petitioner. He is aggrieved by the interim order passed by the learned Single Judge directing to make interim payments during the pendency of the writ petition. Learned counsel for the appellant submits that there are several contentions taken by the appellant and hence the writ petition itself may be directed to be disposed of on merits. It is also submitted that so far the writ petitioner has paid an amount of Rs.2,00,000/-. We dispose of the appeal with a direction to the appellant to make a further payment to the tune of Re.1,00,000/- on or before 30.4.2009. In case the payment as above is made, further proceedings for recovery as referred to in the writ petition shall be deferred till the disposal of the writ petition. We direct the parties to cooperate with the disposal of the writ petition at the earliest. It is made clear that in case the payment as above is not made, it will be open to the Bank to WA NO.67/09 2 proceed with the recovery. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.67 of 2009 ---------------------------------------------- J U D G M E N T Dated 6th March, 2009.