IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 4562 of 2006(R) --------------------------------------- PETITIONER: -------------------- P.VIJAYARAMAN, AGED 41, S/O.PERIYA KARAPPA THEVAR, LAKSHMI NIVAS, KANNAMKULANGARA DESOM, CHIYYARAM VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS BRANCH MANAGER, WADAKKANCHERRY BRANCH, THRISSUR DISTRICT. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR TALUK, AYYANTHOLE, THRISSUR. 3. THE ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KURUPPAM ROAD, THRISSUR 680 001. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4562/2006 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT IN FAVOUR OF THE PETITIONER DTD. 25/02/05. EXT.P2: COPY OF THE REGISTERED POWER OF ATTORNEY EXECUTED BY SANKUNNY IN FAVOUR OF THE WIFE OF THE PETITIONER DTD. 25/02/05. EXT.P3: COPY OF THE DEMAND NOTICE IN E.P.NO.401/05 IN ARC NO. 945/03 ISSUED BY THE RESPONDENTS 2 AND 3 DTD. 22/12/05. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 4562 of 2006 ----------------------------------------- Dated this the 1st day of September, 2008 JUDGMENT The issue raised in this 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 co-operate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is also made clear that the benefit of settlement schemes, if 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) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.4562 of 2006 ----------------------------------- JUDGMENT 1st September, 2008