IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14858 of 2009(B) -------------------------- PETITIONER(S): --------------- V.BABU, VALIYAZHIKATHU KIZHAKKATHIL, KAVANAD P.O., KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. JOINT REGISTRAR (ARBITRATOR), KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 2. MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. 3. MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KOLLAM BRANCH, KERALA WATER AUTHORITY BUILDINGS, ANANDAVALLESWARAM, KOLLAM. BY SC SRI. NAGARAJ NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.14858 OF 2009 ------------------------ Dated this the 29th day of May, 2009. JUDGMENT Prayer in this writ petition is to quash Ext.P5 and to direct the first respondent to complete the Arbitration Proceedings in ARC No.82/2002. Yet another prayer made is to direct the 2nd respondent to settle the account of the petitioner in one time settlement scheme or any other beneficial scheme applicable. 2. In so far as Ext.P5 is concerned, it is only a notice requiring the petitioner to discharge the liability and informing that on his failure, Bank will take recourse to proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002. In my view, Ext.P5 does not suffer from any legal infirmity. WP(c).No.14858/09 2 3. The second prayer is to allow him to settle the liability under OTS. Standing Counsel for the Bank submits that at present there is no such scheme. If that be so, that question also does not arise. 4. Counsel now request that the first respondent be directed to expedite the proceedings in ARC.No.82/2002. If as stated, pleadings have been completed and the case is ripe for trial and disposal, it will be open to the petitioner to move the first respondent, in which event, I have no doubt that the first respondent will deal with the mater, expeditiously. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.14858/09 3