IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 38552 of 2002(M) ----------------------- PETITIONER: ------------ 1. JOHN JOSEPH, PERUNNELIL HOUSE, KIZHATHADIYOOR, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. SALLY JOSEPH, W/O. JOHN JOSEPH, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS: ------------- 1. JOSSY VARGHESE, S/O. VARGHESE, THOPPIL HOUSE, CHANGANACHERRY P.O., KOTTAYAM DISTRICT. 2. THE KERALA STATE FINANCIAL CORPORATION, DISTRICT OFFICE, TRICHUR, REPRESENTED BY THE DISTRICT MANAGER K.M.M. COMPLEX, KOKKALAI, TRICHUR-680 021. 3. THE DEPUTY TAHASILDAR (R.R) K.F.C. COLLECTORATE, R.O., KOTTAYAM. 4. THE VILLAGE OFFICER, LALAM VILLAGE, MEENACHIL TALUK. 5. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, THRISSUR. R2 AND R3 BY ADV. SRI.V.B.UNNIRAJ, SC, KFC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP65052 OF 2002 IN OP 38552 OF 2002 DISMISSED 8.2.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 16.3.2002 TO THE FIRST PETITIONER. EXT.P2 DO.DO. TO THE 2ND PETITIONER DATED 15.3.2002 EXT.P3 TRUE COPY OF THE NOTICE DATED 15.3.2002 ISSUED TO THE FIRST PETITIONER EXT.P4 DO.DO. TO THE 2ND PETITIONER. EXT.P5 TRUE COPY OF THE REPLY NOTICE BY THE FIRST PETITIONER DATED 27.3.2002 EXT.P6 TRUE COPY OF DO.DO. BY THE 2ND PETITIONER. EXT.P7 TRUE COPY OF THE PWOER OF ATTORNEY DATED 3.7.2001 EXT.P8 TRUE COPY OF THE PETITION BY THE PETITIONER DATED 12.8.2002 EXT.P9 TRUE COPY OF THE FIR EXT.P10 TRUE COPY OF THE NOTICE DATED 22.11.2002 TO THE FIRST PETITIONER. EXT.P11 DO.DO. TO THE 2ND PETITIONER. EXT.P12 RUE COPY OF THE DEMAND NOTICE DATED 6.7.2002 TO THE FIRST PETITIONER. EXT.P13 TRUE COPY OF THE NOTICE TO THE 2ND PETITIONER DATED 6.7.2002 EXT.P14 TRUE COPY OF THE INJUNCTION ORDER PASSED BY THE SUB COURT, PALA. EXT.P15 TRUE COPY OF THE NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY DATED 25.10.2002 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 38552 OF 2002 -------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT While the case of the petitioners is that first petitioner's signature is forged and he was made a guarantor for the loan without his knowledge, counsel for the KFC submitted that borrower filed an application for OTS benefit for settlement of liability. If liability is not settled, recovery against the petitioners will be continued only if on enquiry by the fifth respondent, the petitioners were found to be guarantors for the loan, contrary to their claim. Fifth respondent is directed to give final report within three months from now. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2