IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 35488 of 2010(I) PETITIONER(S): 1. JYOTHISH, AGED 30 YEARS, S/O.PEETHAMBARAN, U.D.CLERK, KODIYATHOOR GRAMA PANCHAYATH, KOZHIKODE DISTRICT, RESIDING AT LAVANYA, MULAVANA.P.O., KOLLAM. 2. K.GIRISHBABU, AGED 47 YEARS, S/O.KUNJUPANICKER, ACCOUNTANT, A.R.NAGAR GRAMA PANCHAYATH, A.R.NAGAR.P.O., MALAPPURAM, RESIDING AT THAMARASERRIL, KARICODE, TKMC P.O., KOLLAM. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SMT.M.K.SHIMI SRI.SREEVALSAN.V RESPONDENT(S): 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM-691001. 2. THE BRANCH MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK, KILIKOLLOOR BRANCH, KOLLAM. 3. M.RADHA, AGED 58 YEARS, SAGARA, KARIKODE, KILIKOLLOOR VILLAGE, T.K.M.C.P.O., KOLLAM-691 003. 4. KODIYATHOOR GRAMA PANCHAYAT, REP.BY ITS SECRETARY, KODIYATHOOR.P.O., KOZHIKODE DISTRICT-673 001. 5. A.R.NAGAR GRAMA PANCHAYAT, REP.BY ITS SECRETARY, A.R.NAGAR.P.O., MALAPPURAM-676 501. GOVERNMENT PLEADER SRI.BASANT BALAJI-R1 ADV.SMT. AYSHA YOUSEPH, STANDING COUNSEL-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.35488 OF 2010 -------------------------------------------- Dated this the 21st day of December, 2010 JUDGMENT The first petitioner is working as U.D Clerk under the fourth respondent and the second petitioner is working as Accountant under the fifth respondent. The third respondent has availed a loan of Rs.1,00,000/- from the second respondent-bank. The petitioners herein are the sureties to the said loan transaction. When the second respondent initiated steps to effect recovery from the salary of the petitioners, they moved ARC.Nos.1904 and 1905 of 2010 respectively before the first respondent. This Writ Petition is filed apprehending coercive steps during the pendency of the above arbitration cases. 2. I have heard the learned counsel for the petitioner and also the learned standing counsel appearing for the second respondent. Since the petitioners have already approached the arbitration court by filing ARC.Nos.1904 and 1905 of 2010 respectively and they are still pending before the first respondent, I am of the view that it will be inappropriate to consider the contentions on merits, at this stage. Therefore, there will be a direction to the first respondent to dispose of the above mentioned W.P.(C) NO.35488/2010 2 arbitration cases expeditiously, at any rate, within a period of five months from the date of receipt of a copy of this judgment. Till the disposal of the above arbitration cases, no coercive steps for the purpose of effecting recovery from the salary of the petitioners shall be effected. It is made clear that this Court has not made any observations as to the merits of the contentions raised by the petitioner in this Writ Petition. The Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.35488/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.35488/2010 4