IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 33450 of 2007(F) ------------------------------------- PETITIONER: ------------------ JOSEPH MEMANT, AGED 50 YEARS, S/O. LATE JOSEPH, THARAYIL HOUSE, MANALOOR VILLAGE, VAZHAKULAM, MUVATTUPUZHA. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------------------ 1. THE DIRECTOR OF VIGILANCE, THIRUVANANTHAPURAM. 2. THE SPECIAL ARBITRATOR, DEPUTY REGISTRAR, ERNAKULAM DISTRICT, CO-OPERATIVE BANK, KAKKANAD. 3. THE GENERAL MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK, KAKKANAD. 4. BRANCH MANAGER, ERNAKULAM DISTRICT CO-OPERATIVE BANK(MAIN BRANCH). 5. T.S.BAIJU, THANDASSERY HOUSE, H.NO.VI/169, VELLATTENNOOR PO., THRISSUR-680 601. 6. T.K.SURESH, THANDASSERY HOUSE, H.NO.169, VELLATTENNOOR P.O., THRISSUR-680 601. 7. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. R1 , R2 & R7 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA R5, R6 BY ADV. SRI.T.MADHU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33450/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PLAINT IN ARC 371/96 PENDING BEFORE THE 2ND RESPONDENT. EXT.P2:- COPY OF THE ENCUMBRANCE CERTIFICATE DT. 30.8.94. EXT.P3:- COPY OF THE ENCUMBRANCE CERTIFICATE DT. 2.3.95. EXT.P4:- COPY OF THE IA. IN ARC 371/96 FOR EXPERT OPINION OF THE SIGNATURE DT. 30.11.97. EXT.P5:- COPY OF THE NOTICE DT. 24.10.07 SENT BY THE 4TH RESPONDENT. EXT.P6:- COPY OF THE NOTICE DT. 24.10.07 SENT BY THE 4TH RESPONDENT EXT.P7:- COPY OF THE REPLY ON EXT.P5 AND P6 DT. 5.11.07. EXT.P8:- COPY OF THE DEPOSITION OF THE MANAGER BEFORE THE 2ND RESPONDENT DT. 19.5.95 AND 9.6.99. EXT.P9:- COPY OF THE LETTER SENT TO THE 4TH RESPONDENT BY PETITIONER DT. 5.12.95. /TRUE COPY/ P.A. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33450 of 2007 ================================== Dated this the 14th day of February, 2008. JUDGMENT The fourth respondent Bank initiated proceedings under the SARFAESI Act in relation to a loan transaction. The petitioner, contending that he is not liable under the transaction and that the demand against him is based on fraudulent documents, filed this writ petition also pointing out that the Bank had moved for arbitration in terms of the provisions of the Kerala Co-operative Societies Act, 1969 and that the same was pending. An interim order was issued on 13-11-2007 directing the Arbitrator to dispose of the arbitration case. As of now, the Arbitrator has decided the matter and the award has been issued without fastening any liability on the petitioner. A copy of the award has been placed on record by the Government Pleader. WPC33450/2007 -:2:- In the aforesaid circumstances, without expressing anything on merits, this writ petition is disposed of directing that all further action by the Bank even in terms of the SARFAESI Act shall be strictly in accordance with the rights of parties as determined by the Arbitrator subject to the right of the Bank and other parties to file appeal, revision etc. against such award in terms of the statutes. Thottathil B.Radhakrishnan, Judge. sl.