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. 5233 of 2006(W) --------------------------------------- PETITIONERS: ---------------------- 1. MANZOOR, S/O.POOYUVEETTIL HAMZA, VATANAPPALLY P.O., THRISSUR DISTRICT. 2. SABY MANZOOR, W/O.MANZOOR, POOYUVEETTIL HOUSE, VATANAPALLY P.O., THRISSUR DISTRICT. BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENTS: ------------------------ 1. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALE OFFICER, OLLUR SERVICE CO-OP.BANK LTD. NO.279, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. THE SECRETARY, OLLUR SERVICE CO-OPERATIVE BANK LTD.NO.279, CHEERACHI, OLLUR P.O., THRISSUR DISTRICT. 4. ABDULLA, S/O.KARUTHA MOIDUNNY, EDAKHAZHIYOOR P.O., THRISSUR DISTRICT. 5. SUHARA, W/O.ABDULLA, KARUTHA, EDAKHAZHIYOOR P.O. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW ADV. SRI.G.SREEKUMAR (CHELUR) FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5233/2006 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 30/06/2005 IN R.P.NO.337/2004 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE ORDER DTD. 30/08/2005 IN WP(C) NO. 25503/2005 OF THE HIGH COURT OF KERALA, ERNAKULAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 5233 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 petitioners have still any grievance left, they may approach the Bank itself. It is made clear that in case the petitioners do 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 petitioners. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.5233 of 2006 ----------------------------------- JUDGMENT 1st September, 2008