IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 35190 of 2010(W) -------------------------- PETITIONER(S): --------------- 1. P.M.SHAJI, AGED 50 YEARS, S/O. MADHAVAN, PUTHANPURAKAL HOUSE, KIZHKOMBU P.O, KOOTHATTUKULAM - 686 662, ERNAKULAM DISTRICT. 2. DEVAKI NARAYANAN, W/O. NARAYANAN, AGED 79 YEARS, PARAYIDUKKIL HOUSE, KOOTHATTUKULAM P.O., KOOTHATTUKULAM - 686 662. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): --------------- 1. DEPUTY REGISTRAR/SPECIAL ARBITRATOR, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD, COCHIN - 682 030. 2. SPECIAL SALES OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., KAKKANAD, COCHIN - 682 030. 3. ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD.,KOOTHATTUKULAM BRANCH, KOOTHATTUKULAM-686662, ERNAKULAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 4. P.N.CHANDRAN, PARAYIDUKKIL, KOOTHATTUKULAM P.O., KOOTHATTUKULAM - 686 662, ERNAKULAM DISTRICT. BY SRI.P.V.SURENDRANATH, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.35190 of 2010 ----------------------------------------- Dated this the 4th day of January, 2011 JUDGMENT The petitioners are guarantors to a loan availed by the 4th respondent from the 3rd respondent Bank. When the loan was not repaid the Bank initiated arbitration proceedings, which culminated in Ext.P1 award dated 11.12.2007. Even after the award was passed the petitioners and the 4th respondent did not satisfy the award. In such circumstances the Bank issued Ext.P5 demand notice calling upon the petitioners to pay the sum of Rs.20,27,172/-. The instant writ petition was thereupon filed challenging Ext.P1 award and seeking consequential reliefs. 2. When the writ petition came up for hearing today Sri.P.V.Surendranath, learned standing counsel appearing for the 3rd respondent Bank, submitted that the principal debtor, the 4th respondent, has paid the entire amounts due under Ext.P1 award and that the Bank will therefore, not enforce the award against the petitioners. 3. In the light of the said submission the petitioners cannot W.P(C).No.35190 of 2010 -:2:- have any subsisting grievance. The writ petition is accordingly closed recording the submission made on behalf of the 3rd respondent Bank that Ext.P1 award has been satisfied. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.35190 of 2010 ---------------------------- JUDGMENT 4th January, 2011