IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27631 of 2003(M) -------------------------------------- PETITIONER: -------------------- REMESH BABU, S/O. SANKAR RAO, PATEL NIVAS, CHITHARI P.O., HOSDURG, KASARGOD DISTRICT. BY ADV. SRI.M.THAMBAN SMT.P.S.PREETHA RESPONDENTS: ----------------------- 1. THE STATE BANK OF TRAVANCORE, KANHANGAD BRANCH, REP. BY ITS BRANCH MANAGER, KANHANGAD P.O., KASARAGOD. 2. THE GOVERNOR, RESERVE BANK OF INDIA, MUMBAI. 3. THE GENERAL MANAGER, DEPARTMENT OF BANKING SUPERVISION, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. BY SRI.R.S.KALKUAR, SC. SBT SRI.JACOB VARGHESE, SC. RESERVE BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27631/2003 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 10.7.01 IN OP. 20262/2001 OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE REPRESENTATION DT. 18.7.02 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. ET.P3:- COPY OF THE LETTER DT. 30.9.02 TO THE PETITIONER BY 3RD RESPONDENT. EXT.P4:- COPY OF THE REPRESENTATION DT. 19.10.02 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.27631 OF 2003 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T Prayer is for a direction to the third respondent to consider Exhibit P4 representation. The issue pertains to the deposits made by the petitioner and withdrawal thereof. According to the Bank, the amounts have been duly withdrawn. 2. It is fairly clear that disputed questions of fact are involved and the remedy open to the petitioner is to approach the Civil Court. Without prejudice to the liberty to the petitioner to approach the Civil Court and making it clear that the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation, this writ petition is disposed of. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 27631 OF 2003 J U D G M E N T 05.09.2008