IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 W.P(C).No. 37444 of 2004(G) -------------------------- PETITIONER: ------------ BALAKRISHNAN, AGED 62 S/O.VELAYUDHAN, EZHUTHACHAN, KARUKAYIL THAZHATHU, OOROMKODU DESOM, KUNDUKADU DESOM, THRISSUR DISTRICT. BY ADV. SRI.FRANCO T.J. RESPONDENTS: ------------ 1. THE OLLUR SERVICE CO-OPERATIVE BANK LTD., NO.279, CHEERACHI, OLLUR, REP. BY ITS BRANCH MANAGER. 2. THE SALE OFFICER, OLLUR SERVICE CO-OPERATIVE BANK LTD., NO. 279, CHEERACHI, OLLUR. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,THRISSUR. BY ADV. SRI.M.A.PRAKASH - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 37444/2004 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE PASS BOOK ISSUED BY THE FIRST RESPONDENT TO THE PRINCIPAL DEBTOR DATED 28/08/2001. EXHIBIT P2 : TRUE COPY OF THE ATTACHMENT NOTICE DATED 19/10/2004 ISSUED TO THE PETITIONER. EXHIBIT P3 : TRUE COPY OF THE SALE NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 18/12/2004. EXHIBIT P4 : TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF RS.14,000/- DATED 4/08/2004 BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH J. ---------------------------------------------- W.P.(C) No.37444 of 2004 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T The issue raised in the 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, he may approach the Bank itself. It is made clear that in case the petitioner does not cooperate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is further made clear that the benefit of settlement schemes, if any available presently or during the period when the writ petition was pending, will also be extended to the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.37444 of 2004 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.