IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13813 of 2009(V) -------------------------- PETITIONER(S): ------------------ RADHIKA SAW MILL TIMBERS, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, BABY RENJITH, THRISSUR - 680 509. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): -------------------- 1. MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK, AYYANTHOLE BRANCH. 2. GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK, THRISSUR. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. SRI.P.C.SASIDHARAN, SC FOR BANK GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 13813 OF 2009 (V) ===================== Dated this the 23rd day of May, 2009 J U D G M E N T Even going by the pleadings in this writ petition, it is the admitted case of the petitioner that the firm had availed of Rs.15 lakhs by way of overdraft facility from the 1st respondent Bank. The fact that default is committed is also not in dispute and what is complained of is that in order to realise the amount, the Bank is harassing the petitioner. 2. Standing Counsel appearing for respondents 1 and 2 submits that the Bank has already obtained an award for realising its dues and that execution proceedings also has been initiated. It is stated that prior to the launching of execution proceedings, the Bank had only contacted the Managing Partner of the firm and requested her to remit the amount to avoid execution proceedings and that it is this attempt of the Bank, which has been described as harassment in the writ petition. 3. If as stated by respondents 1 and 2, there is an award in their favour, I cannot find anything wrong with the Bank's action in contacting the petitioner and requesting for remittance WPC 13813/09 :2 : of the amount. This cannot be said to be a case of harassment. Now that the Bank has already initiated execution proceedings to realise its dues, it is up to the Bank to pursue the same and realise its dues. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp