IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2499 of 2009(V) ---------------------------------- PETITIONER(S): ---------------------- JOSSY VARGHESE, AGED 47 YEARS, S/O.LATE T.J.VARGHESE, THOPPIL HOUSE, KURUSUMMOODU P.O., (BEHIND ST.THOMAS HOSPITAL), CHANGANASSERY. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENT(S): ---------------------- 1. THE BRANCH MANAGER, ING VYSYA BANK LIMITED, PALAI. 2. THE AUTHORISED OFFICER, ING VYSYA BANK LIMITED, REGIONAL OFFICE, PARAPILLIL ARCADE, PANAMPILLY NAGAR, ERNAKULAM-36. 3. JOGY VARGHESE, S/O.LATE T.J.VARGHESE, THOPPIL HOUSE, KURUSUMMOODU P.O., CHANGANASSERY. ADV. SRI. R.S.KALKURA SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.2499 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2009. JUDGMENT Petitioner's counsel seeks an adjournment. The learned counsel for the bank points out that the third respondent had filed WP(C).33310/2008 and obtained judgment dated 11-12-2008 by which that writ petition was permitted to be withdrawn as no amount was deposited following the interim order passed in that case. The learned counsel for the bank further points out that the said writ petition was also filed through the same counsel. The petitioner herein says that he is the guarantor for a loan availed by the third respondent. The principal debtor, having failed to pay off the amounts in terms of the interim orders, that ultimately led to the dismissal of WP(C)3331/2008. I am not inclined to consider this writ petition. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050209