IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 34727 of 2007(H) ---------------------------------------- PETITIONER: -------------------- K.G.RAJAPPAN NAIR, PERIAKAVIL HOUSE, PUTHIYAKAVU, TRIPUNITHURA-682301. BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR SMT.SANTHI K.PAI SMT. INDU.K. RESPONDENTS: --------------------------- 1. PEOPLES URBAN CO. OP. BANK LTD,(NO.51), TRIPUNITHURA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER. 2. THE SALE OFFICER/ARBITRATOR OFFICER OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KANAYANOOR TALUK, ERNAKULAM DIST., KOCHI-16. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KANAYANOOR TALUK, KOCHI-16. 4. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., CO-OPERATIVE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.T.A. RAJAN, SC, PU CO-OP.BANK R3 & R4 BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34727/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PLAINT DTD. 20/02/1999 FILED BY THE SECRETARY OF THE SAID BANK MARKED AS EXT.P1. EXT.P2: JUDGMENT OF HON'BLE HIGH COURT IN O.P.NO.32329 OF 1999, DTD. 19/01/2004. EXT.P3: E.A.DEMAND NOTICE IN E.P.NO.1344/99 DTD. 10/01/2005 MARKED AS EXT.P3. EXT.P4: ORDER OF THE ASSISTANT REGISTER, BEARING NO.104/05, DTD.20/01/2005 STAYING FURTHER PROCEEDINGS AS PER EXT.P3 DEMAND NOTICE, MARKED AS EXT.P4. EXT.P5: PETITIONER'S REPLY TO EXT.P3 DEMAND NOTICE, DTD. 6/04/2005, MARKED AS EXT.P5. EXT.P6: NOTICE ISSUED BY THE 1ST RESPONDENT BANK TO THE PETITIONER, DTD. 18/07/2007 MARKED AS EXT.P6. EXT.P7: PETITIONER'S REPLY TO EXT.P6 NOTICE, DTD. 18/10/2007, MARKED AS EXT.P7. EXT.P8: REPLY OF THE 1ST RESPONDENT BANK TO THE PETITIONER DTD. 28/09/2007 MARKED AS EXT.P8. EXT.P9: NOTICE ISSUED BY THE 1ST RESPONDENT BANK, DTD. 12/10/2007 MARKED AS EXT.P9. EXT.P10: COPY OF THE AWARD DTD. 22/04/1999 RECEIVED BY THE PETITIONER ON 22/02/2005. EXT.P11: LETTER RECEIVED FROM THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM DTD. 19/05/2005. EXT.P12: COPY OF S.O.105(E) DTD. 28/01/2003 NOTIFICATION ISSUED BY THE MINISTRY OF FINANCE & COMPANY AFFAIRS, NEW DELHI. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 34727 OF 2007-H and I.A.No. 4613 of 2008 = = = = = = = = = = = = = Dated this the 4th day of April, 2008. J U D G M E N T This writ petition is filed challenging certain action taken under the SARFAESI Act. Going by the uncontroverted counter affidavit, the petitioner has, after institution of the writ petition, filed proceedings before the Debt Recovery Tribunal under the SARFAESI Act. Under such circumstances, there is no requirement to continue with the writ petition. 2. Be that as it may, the petitioner filed an application to amend the writ petition to the effect that the statement in the counter affidavit does not apply to Co-operative Society. That issue also stands decided by the judgment of this Court. Under such circumstances, I do not find any ground to issue any further orders. In the result, the writ petition and I.A. dismissed without prejudice to the right of the petitioner to prosecute proceedings before the Debt Recovery Tribunal. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-