IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 16698 of 2006(K) --------------------------------------- PETITIONER: ------------------- C. PRASAD, S/O. GOVINDAN, AGED 46 YEARS, ADVOCATE, RESIDING AT CHENAKKALAYIL HOUSE, NEAR SUB COURT, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR. RESPONDENTS: ----------------------- 1. THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. 2. SULTHAN BATHERY CO-OPERATIAVE ASSISTANT REGISTRAR (GENERAL), SULTHAN BATHERY, WAYANAD DISTRICT. 3. SULTHAN BATHERY CO-OPERATIVE URBAN BANK, REPRESENTED BY ITS GENERAL MANAGER, SULTHAN BATHERY, WAYANAD DISTRICT. BY GOVT. PLEADER SRI. MOHAMMED ANZAR, ADV. SRI.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16698/2006-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF THE PASS BOOK RELATING TO NHB LOAN NO.3 ISSUED BY THE R.3. SOCIETY. EXT.P.2: COPY OF THE RELEVANT PAGE OF THE LOAN ACCOUNT L.T.NO.10 MAINTAINED BY THE R.3. SOCIETY. EXT.P.3: COPY OF THE RELEVANT PAGE OF THE PASS BOOK IN RESPECT OF LOAN ACCOUNT LT.NO.55 MAINTAINED BY THE R.3. SOCIETY. EXT.P.4: COPY OF THE PLAINT IN A.R.C. NO. 19/2000 - 2001 FILED BEFORE THE R.2. DTD. 12/06/2000. EXT.P.5: COPY OF THE DEPOSITION OF THE CHIEF EXECUTIVE OFFICER OF THE R.3. DTD. 14/05/2002. EXT.P.6: COPY OF THE RESOLUTION NO.3 DTD. 18/09/1998 TAKEN BY THE R.3. EXT.P.7: COPY OF THE AWARD PASSED BY THE R.2. DTD. 28/10/2003. EXT.P.8: COPY OF THE REVISION PETITION FILED BEFORE THE R.1. BY THE PETITIONER DTD. 28/05/2004. EXT.P.9: COPY OF THE STAY ORDER PASSED BY THE R.1. IN I.A. 183/2004 IN REVISION PETITION NO. 179/2004 DT. 28/05/2004. EXT.P.10: COPY OF THE NOTICE ISSUED BY THE R.3 DTD. 08/05/2006. EXT.P.11: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.3. DTD. 15/05/2006. EXT.P.12: COPY OF THE REPLY RECEIVED BY THE PETITIONER FROM THE R.3. DTD. 17/05/2006. RESPONDENTS' EXHIBITS: EXT.R3.A: TRUE ATTESTED COPY OF THE LOAN APPLICATION DTD. 07/09/98. EXT.R3.B: COPY OF THE AFFIDAVIT OF THE PETITIONER DTD. 05/10/2004. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.16698 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T Petitioner approached this Court aggrieved by the recovery steps initiated by the third respondent-Bank. According to the petitioner, Exhibit P8 revision petition is still pending before the first respondent-Tribunal. In view of the intervening steps taken by the third respondent, petitioner has also approached the Debt Recovery Tribunal in S.A.No.58/2007. 2. There will be a direction to the first respondent-Tribunal to dispose of Exhibit P8 revision petition within a period of four months from the date of production/receipt of a copy of this judgment by the petitioner. The D.R.T. will dispose of the application referred to above within another three months. Interim order passed by this Court will continue till such time. It is made clear that in that view of the matter, I have not adverted to any of the contentions in the writ petition and it will be open to the parties to raise all available contentions before the forums. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 16698 OF 2006 J U D G M E N T 24.09.2008