IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 28901 of 2007(N) --------------------------------------- PETITIONER: ------------------- KURIAN P.C., RESIDING AT PAZHAMADATHIL VEEDU, ANAKKARA P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE. RESPONDENTS: ----------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, STATUE JUNCTION, THIRUVANANTHAPURAM. 2. IDUKKI DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER, IDUKKI COLONY P.O., IDUKKI DISTRICT. 3. THE BRANCH MANAGER, ANAKKARA BRANCH OF THE IDUKKI DISTRICT CO-OPERATIVE BANK LIMITED, ANAKKARA P.O., IDUKKI DISTRICT. 4. P.K.MARTIN, RESIDING AT PAZHAMADATHIL VEEDU, ANAKKARA P.O., IDUKKI DISTRICT. R1 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA, R2 & R3 BY ADV. SRI.P.C.SASIDHARAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28901/2007-N: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE DETAILS OF TRANSACTIONS DTD.25/05/2007 IN THE ACCOUNT NO. CC. NO 47 MAINTAINED BY THE R.4. WITH THE R.2. BANK. EXT.P.2: COPY OF THE ARC. NO. 132/2007 FILED BY THE R.2. BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), IDUKKI. EXT.P.3: COPY OF THE CIRCULAR NO. 30/2007 DTD. 03/05/2007 ISSUED BY THE R.1. REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA. EXT.P.4: COPY OF THE CIRCULAR NO. RG 1/1/2006-07 DTD. 01/06/2007 ISSUED BY THE GENERAL MANAGER OF THE R.2. EXT.P.5: COPY OF THE REPRESNTATION DTD. 05/09/2007 SUBMITTED BY THE PETITIONER BEFORE THE GENERAL MANAGER OF THE R.2. DISTRICT CO-OPERATIVE BANK. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.28901 of 2007-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. JUDGMENT 1.The petitioner is a debtor to the second respondent Bank. An arbitration case at the instance of the creditor is pending. According to the petitioner, he is entitled to the benefit of one time settlement scheme, to wit, Circular No.30/2007. Such claim of the petitioner is disputed by the creditor Bank which contends further that the petitioner is not entitled to the benefit of any existing scheme. 2.Having regard to the fact that an arbitration case is pending between parties, all questions incidental to the claim of the Bank and the defence of the petitioner in opposition thereto, including his alleged entitlement of the benefit WP(C)28901/07 -: 2 :- of Circular No.30/2007, could be raised before the arbitrator. Hence, I do not find any ground to issue any directions in this writ petition. The writ petition is closed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/