IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 W.P(C).No. 36081 of 2005(U) -------------------------- PETITIONER: ------------ JOSHI, S/O.VAREETH, KOLANGODAN HOUSE, EDAKKULATHOOR VILLAGE, THRISSUR. BY ADV. SMT. MUMTAZ SHUMSUDDIN RESPONDENTS: ------------- 1. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. MOOSPET SERVICE CO-OPERATIVE BANK, NO.682, REPRESENTED BY THE SECRETARY, TRICHUR. 3. SPECIAL SALE OFFICER, NADATHARA-MOOSPET GROUP, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,TRISSUR. 4. STATE OF KERALA, REP. BY THE SECRETARY, DEPT. OF CO-OPERATIVE SOCIETIES, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.N.P.SAMUEL -R2 SRI. NOBLE MATHEW, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 36081/ 2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER THE 3RD RESPONDENT DATED 22/11/2005. RESPONDENTS' EXHIBITS: EXHIBIT R2(a) : PHOTOCOPY OF THE LOAN APPLICATION WITH THE REPORT OF THE DIRECTORS DATED 6/10/1999. EXHIBIT R2(b) : PHOTOCOPY OF THE ARBITRATION PETITION FILED BY THE RESPONDENT BANK BEFORE THE 1ST RESPONDENT DATED 20/7/2004. EXHIBIT R2(c): PHOTOCOPY OF THE AWARD NO. 3936/2004 PASSED BY ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES,THRISSUR ON 29/10/2004. EXHIBIT R2(d) : PHOTOCOPY OF THE EXECUTION PETITION NO.1502/05 IN ARC. NO.3936/2004 FILED BY THE 2nd RESPONDENT BANK BEFORE THE 1ST RESPONDENT ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES THISSUR DATED 17/05/2005. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH J. ---------------------------------------------- W.P.(C) No.36081 of 2005 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T The issue raised in the writ petition pertains to the recovery steps initiated by the respondent bank. In view of the intervening developments, in case the petitioner has still any grievance left, he may approach the Bank itself. It is made clear that in case the petitioner does not cooperate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is further made clear that the benefit of settlement schemes, if any available presently or during the period when the writ petition was pending, will also be extended to the petitioner. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.36081 of 2005 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.