IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 17434 of 2006(A) ------------------------------------- PETITIONERS: ----------------- 1. M.V. SESBASTIAN, AGED 43 YEARS, S/O. LATE THOMAS VARGHESE, MUTHIRAPARAMBIL, VAZHAPPALLY WEST P.O., CHANGANACHERRY,KOTTAYAM. NOW RESIDING AT MUTHIRAPARAMBIL (H) (RAVI BHAVAN) ATTUVAKKARI, CHETHIPUZHA, VEROOR P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. TESSY SEBASTIAN, AGED 38 YEARS, W/O. M.V.SEBASTIAN, MUTHIRAPARAMBIL, VAZHAPPALLY WEST P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. NOW RESIDING AT MUTHIRAPARAMBIL (H) (RAVI BHAVAN) ATTUVAKKARI, CHETHIPUZHA, VEROOR P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENTS: ---------------------- 1. SPECIAL SALE OFFICER, VAZHAPPALLY SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHASNGANACHERRY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CHANGANACHERRY. 3. VAZHAPPALLY SERVICE CO-OPERATIVE BANK LTD.NO.K.108, VAZHAPPALLY, CHANGANACHERRY, REPRESENTED BY ITS SECRETARY. 4. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPRUAM. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.LAL GEORGE FOR R3 BY GOVERNMENT PLEADER SRI.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17434/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CORCULAR NO.9/2006 ON 27.02.2006 ISSUED BY THE 4TH RESPONDENT. EXT.P2:- COPY OF THE APPLICATION DT. 11.3.2006 SUBMITTED BY THE IST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3:- COPY OF THE APPLICATION DT. 15.3.06 SUBMITTEDBY THE IST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4:- COPY OF THE APPLICATION DT. 18.4.2006 SUBMITTED BY THE IST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5:- COPY OF THE LETTER DT. 254.06 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P6:- COPY OF THE SALE NOTICE IN EA. NO.102/99 DT. 27.5.06 FOR CONDUCTING THE SALE ON 7.7.06 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R3(a):- COPY OF THE AWARD PASSED IN ARBITRATION CASE NO.842/1998 DT.28.7.98. EXT.R3(b):- COPY OF THE REPRESENTATION DT. 9.3.99. EXT.R3(c):- COPY OF THE GOVERNMENT ORDER -GO (RT) NO.589/2005/CO-OP. EXT.R3(d):- COPY OF THE COMMON ORDER PASSED IN WPC. NO.686/2006 /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.17434 OF 2006 --------------------------------------- Dated this the 22nd day of August, 2008. J U D G M E N T The issue raised in this writ petition pertains to the recovery steps initiated by the respondent-Bank. In view of the intervening developments in case the petitioners have still any grievance left, they may approach the Bank itself. It is made clear that in case the petitioners does not co-operate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 17434 OF 2006 J U D G M E N T 22.08.2008