IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 W.A.No.2141 of 2008 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.25175/2008 DATED 24/09/2008 .................... APPELLANT/PETITIONER: ------------------------------------ SADASIVAN, S/O.GOPALAKRISHNAN, THACHAMKULAM HOUSE, MAROTTICHAL P.O., THRISSUR. BY ADV. SRI.K.I.SAGEER. RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THIRUVAMBADI, THRISSUR-2. 2. MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., OLLUR BRANCH, OLLUR. R1 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA. R2 BY ADV.SRI.P.C.SASIDHARAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.ANo.2141 of 2008 ------------------------------------------ Dated, this the 30th day of October, 2008 JUDGMENT H.L.Dattu, C.J. Petitioner had borrowed certain funds from the second respondent Co-operative Bank as housing loan. He has defaulted in paying the amounts due to the Bank. Therefore the Bank has initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (2) Aggrieved by that action of the Bank, the petitioner was before this Court in W.P.(C) No.25175 of 2008. The learned Single Judge while disposing of the writ petition by his orders dated 24th September, 2008 has granted more than what the petitioner had deserved. That harmless order passed by the learned Single Judge is the subject matter of this writ appeal. (3) Having gone through the orders passed by the learned Single Judge, we are of the firm opinion, that the learned Single Judge has not committed any error whatsoever which would call for our interference in appeal. Therefore, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns