IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 36599 of 2005(F) ------------------------------------- PETITIONER: ------------------ THANKA, W/O.AYYAPPAN, PULIKKAL HOUSE, NADATHARA VILLAGE, TRISSUR. BY ADV. SMT.S.MUMTAZ SHAMSUDDIN RESPONDENTS: ----------------------- 1. THE ASST.REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, TRICHUR. 2. MOOSPET SERVICE CO-OPERATIVE BANK LTD.NO. 682, REPRESENTED BY THE SECRETARY, TRICHUR. 3. SPECIAL SALE OFFICER, NADATHARA-MOOSPET GROUP, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRICHUR. 4. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW ADV. SRI.N.P.SAMUEL - R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).36599/2005-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 02/11/05 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER THE 3RD RESPONDENT DATED 08/11/2005. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF LOAN APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE BANK ON 07/10/1998. EXT.R2(b): COPY OF ARBITRATION PETITION FILED BY THE 2ND RESPONDENT BANK BEFORE THE ASST. REGISTRAR ON 30/06/04. EXT.R2(c): COPY OF AWARD NO.2751/04 PASSED BY THE ASST. REGISTRAR OF CO-OP. SOCIETIES, THRISSUR ON 20/08/2004. EXT.R2(d): COPY OF EXECUTION PETITION NO.670/05 IN ARC. NO.2751/04 FILED BY THE BANK BEFORE THE ASST. REGISTRAR OF CO-OP. SOCIETIES, THRISSUR. // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.36599 OF 2005 --------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T The issue raised in this writ petition pertains to the recovery steps initiated by the respondent-Bank. In view of the intervening developments in case the petitioner has still any grievance left, she may approach the Bank itself. It is made clear that in case the petitioner does not co-operate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 36599 OF 2005 J U D G M E N T 25.07.2008