IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WA.No. 178 of 2007() -------------------- AGAINST THE JUDGEMENT IN WPC.23764/2004 Dated 29/11/2006 .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE KAVIYOOR SERVICE CO-OPERATIVE BANK LTD. NO.A 707, KAVIYOOR P.O., THIRUVALLA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN RESPONDENT(S): PETITIONERS & RESPONDENTS 1, 2 & 4 ------------------------------------------------- 1. K.R.SADASIVAN, MEMBER NO.2456, KAVIYOOR SERVICE CO-OPERATIVE BANK, THIRUVALLA, PATHANAMTHITTA, RESIDING AT RADHANILAYAM, KAVIYOOR, THIRUVALLA. 2. AJESH KUMAR, MEMBER NO.5850, KAVIYOOR SERVICE CO-OPERATIVE BANK, THIRUVALLA, PATHANAMTHITTA, RESIDING AT RADHANILAYAM, KAVIYOOR, THIRUVALLA. 3. K.R.RADHAMMA, MAMBER NO.969, KAVIYOOR SERVICE CO-OPERATIVE BANK, THIRUVALLA, PATHANAMTHITTA, RESIDING AT RADHANILAYAM, KAVIYOOR, THIRUVALLA. 4. ROSHINI AJESH, MEMBER NO.6838, VAVIYOOR SRVICE CO-OPERATIVE BANK, THIRUVALLA, PATHANAMTHIRRA, RESIDING AT RADHANILAYAM, KAVIYOOR, THIRUVALLA. 5. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 6. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR, PATHANAMTHITTA. WA 178/2007 7. THE SALE OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVALLA. ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R1 TO 4 SRI.S.SUJIN FOR R1 TO 4 SPL. GOVT. PLEADER SMT.A.G.ANITHA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.A. NO. 178 OF 2007-C ----------------------------------------- Dated 2nd February, 2009. JUDGMENT Balakrishnan Nair, J. The appellant was the 3rd respondent in the Writ Petition. Respondents 1 to 4 were the writ petitioners. All of them have availed loans from the appellant Bank. Since they defaulted to pay the amounts due to the Bank in time, the Bank moved and obtained Ext.P1 series awards against them. When coercive steps were taken, respondents 1 to 4 moved the Bank, claiming the benefit of one-time settlement scheme in force at the relevant time. According to the appellant Bank, the said repondents were granted the benefit pursuant to the representations filed by them, copies of which are produced as Exts.R3(a) to R3(d) in the writ petition. But, they failed to remit the amounts due to the Bank in time. So, the said offer of settlement as per the one-time settlement scheme lapsed. 2. The respondents 1 to 4 claimed the benefit of Exts.P2,P3 and P12 circulars issued by the Registrar of Co-operative Societies. The learned WA 178/2007 2 Single Judge allowed the Writ Petition and directed the appellant to grant the benefit of those three circulars. This appeal is filed, mainly, challenging the direction to grant the benefit of Exts.P2 and P3 circulars, for the reason that the said schemes expired long ago. The respondents 1 to 4 are not entitled to get the benefit of those schemes, which have already expired, it is submitted. 3. We heard the learned Government Pleader for the official respondents also. We find considerable force in the submission of the Bank. If the Bank does not extend the benefit of an existing scheme for one-time settlement, the loanees concerned may have a grievance. In this case, their prayer was to extend the benefit of two schemes, which have already expired. Therefore, the judgment of the learned Single Judge to the extent it directs the Bank to extend the benefit of Exts.P2 and P3 circulars to respondents 1 to 4 is set aside. The Writ Appeal is allowed as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. nm/