IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 6318 of 2009(H) ------------------------- PETITIONER(S): --------------- 1. C.I.PAPPACHAN @ ARIMBOOR PAPPACHAN, S/O.IYYUNNI, CHALISSERY HOUSE, VADAKKUMPURAM, ARIMBOOR P.O., THRISSUR DISTRICT. 2. C.P.ROBAN, S/O.C.I.PAPACHAN, CHALISSERY HOUSE, VADAKKUMPURAM, ARIMBOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., THRISSUR. BY SC SRI P C SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 6318 OF 2009 ............................................ DATED THIS THE 12TH DAY OF MARCH, 2009 JUDGMENT The petitioners have filed this writ petition in relation to two different loan accounts. The second petitioner's loan was closed by him. Though he is the son of the first petitioner, in so far as the creditor bank is concerned, the privity is with the person entering into the contract. If the first petitioner deems it appropriate to settle his transaction, with the aid of any circular, that has to be independent of any payment made by the second petitioner. If there is any excess payment by the second petitioner, petitioners cannot insist on any adjustment. If there is any amount kept in a suspense account over and above the amounts paid for closing the loan of the first petitioner, petitioners can make a joint request and appropriate appropriation can be done. In fact, after filing of the writ petition such a request has been made and payments have been made. Therefore now the petitioners have to work out their remedies with the bank so that the benefit of the circular relied on by them Wp(c) 6318/2009 2 is enjoyed before the term fixed for it is over. This writ petition is hence closed, preserving the right of the petitioners to act in terms of what is aforesaid, also by relying on the credit given on the basis of the adjustment from the suspense account. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/13/3