IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 OP.No. 22049 of 2001(Y) ----------------------- PETITIONER: ----------------- V.KUMARA PILLAI, AGED 56 S/O.VELAYUDHAN PILLAI MAYA BHAVAN, KALLAYAM P.O. PLAVILA, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE ADDITIONAL SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES TRIVANDRUM. 3. SERVICE CO-OPERATIVE BANK LTD. NO.1412 PERURKADA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.N.NANDAKUMARA MENON FOR R3 SRI.K.VINODKUMAR BY GOVERNMENT PLEADER M.K.PUSHPALATHA FOR R1 & R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.22049/2001 ORDER ON C.M.P.NO.36049/2001 IN O.P.NO.22049/2001 DISMISSED 1.1.2008 THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.P.NO.29896/99 OF THE HON'BLE HIGH COURT DATED 30.11.1999. EXT.P2: COPY OF THE ORDER NO.C.R.P.(1)9078/99K.DIS.DATED 29.1.2000 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE ORDER IN A.P.NO.34/2000 DATED 15.4.2000 ISSUED BY THE CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM. EXT.P4: COPY OF THE ORDER NO.G.O.(RT)209/2001/CO-OP/TRIVANDRUM DATED 20.4.2001. EXT.P5: COPY OF THE FIXED DEPOSIT RECEIPT ALONG WITH ITS ENDORSEMENT ON THE BACK SIDE. EXT.P6: COPY OF THE MEMO DATED 12.5.1999 FROM THE PERURKADA SERVICE CO-OPERATIVE BANK. EXT.P7: COPY OF THE LOAN PASS BOOK ISSUED BY THE 3RD RESPONDENT IN RESPECT OF LOAN NO.7706. EXT.P8: COPY OF THE RECEIPTS ISSUED BY THE 3RD RESPONDENT INDICATING REPAYMENT IN LOAN NO.7466. EXT.P9: COPY OF THE REMITTANCE RECEIPTS 4 IN NOS. INDICATING REPAYMENT IN LOAN NO.7466. EXT.P10: COPY OF THE PASSBOOK PERTAINING TO THE LOAN NO.7941. EXT.P11: COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT INDICATING PAYMENT OF LOAN NO.7941. EXT.P12: COPY OF THE PASSBOOK RELATING TO THE LOAN LOAN ACCOUNT NO.7845. EXT.P13: COPY OF THE RECEIPTS INDICATING PAYMENT AND CLOSURE OF LOAN ACCOUNT NO.7845. EXT.P14: COPY OF THE PASS BOOK RELATING TO THE LOAN ACCOUNT NO.8329. EXT.P15: COPY OF THE RECEIPT INDICATING PAYMENT AND CLOSURE OF LOAN ACCOUNT NO.8329. O.P.NO.22049/01 RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF APPLICATION FOR LOAN DATED 16.7.1997 SUBMITTED BY THE PETITIONER BEFORE THE BANK. EXT.R3(b): COPY OF PERSONAL BOND EXECUTED BY THE PETITIONER AS SECURITY FOR LOAN ALONG WITH EXT. R3(a). EXT.R3(c) : COPY OF APPLICATION FOR LOAN DATED 31.7.1997 SUBMITTED BY THE PETITIONER BEFORE THE BANK. EXT.R3(d) : COPY OF PERSONAL BOND EXECUTED BY THE PETITIONER AS SECURITY FOR LOAN ALONG WITH EXT.R3(c). EXT.R3(e): COPY OF SHOW CAUSE MEMO DATED 5/2/2000 ISSUED BY THE BANK TO THE BRANCH MANAGER. EXT.R3(f): COPY OF THE REPLY STATEMENT GIVEN BY THE BRANCH MANAGER TO EXT.R3(e). EXT.R3(g): COPY OF ORDER DATED 24.2.2000 ISSUED BY THE BANK TO THE BRANCH MANAGER. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.NO.22049 OF 2001 ------------------------------------------- Dated this the 1stday of January, 2008 JUDGMENT The petitioner had certain transactions with the third respondent Service Co-operative Bank. Monetary disputes fall for arbitration in terms of the Kerala Co-operative Societies Act. Nevertheless, the petitioner filed certain representations before the Joint Registrar of Co-operative Societies and approached this Court and obtained directions for consideration and disposal of such representation. However, that judgment was issued without hearing the Bank. Unfortunately for the petitioner, the Joint Registrar decided the matter against him. He carried it to the Tribunal, but that appeal was returned for presentation before the proper forum. He thereafter went to the Government. That was also a futile. Hence, this writ petition. OP22049/2001 2 2. Asserting that the petitioner has not approached this Court with clean hands, the third respondent has filed counter affidavit alleging that the petitioner had different loan transactions with the third respondent, which are suppressed in the original petition. Be that as it may, the controversies between the parties revolve around the question as to whether the petitioner has discharged the debt. Materials are also placed along with the reply affidavit. Under such circumstances, I do not deem it appropriate for this court to exercise the visitorial jurisdiction under Article 226 of the Constitution and to enter into a settlement of accounts on disputed facts and figures. 3. Having heard the learned counsel for the petitioner and the learned senior counsel appearing for the third respondent, I am satisfied that the controversies between the parties would be amicably settled if the third OP22049/2001 3 respondent gives the petitioner an opportunity to place such materials as he may desire to show that he has discharged the outstanding to the third respondent. The amounts that may be due to the petitioner on account of the fixed deposits, including by way of interests as may be admissible, would also then to be considered by the third respondent. A decision in that regard shall be taken within an outer limit of three months from the date of receipt of a copy of this judgment. If any further disputes arises, it would open to the parties to proceed for arbitration before the appropriate authority. The original petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN, Judge csl