IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 22268 of 2005(A) -------------------------------------- PETITIONERS: --------------------- SURESH, AGED 45 YEARS, S/O.LATE M.K.PRABHAKARAN, MULLAMANGALATH HOUSE, KURIKKAD P.O., THIRUVAMKULAM. BY ADV. SRI.PEEYUS A.KOTTAM. RESPONDENTS: ----------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANAYANNUR, VALANJAMBALAM, ERNAKULAM. 2. KANAYANNUR SERVICE CO-OPERATIVE BANK LTD. NO.115, ERUVELI BRANCH, REPRESENTED BY ITS SECRETARY. 3. INSPECTOR OF CO-OPERATIVE SOCIETIES, ARBITRATION AND EXECUTION, KANAYANNUR, KOCHI-16. BY GOVT. PLEADER SRI. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22268/2005-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 13/07/2005. EXT.P.2: COPY OF THE AUCTION NOTICE DTD. 01/07/2005 SERVED TO THE PETITIONER BY THE R.3. EXT.P.3: COPY OF THE REPRESENTATION DTD. 16/07/2005 SUBMITTED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.22268 of 2005 ----------------------------------------- Dated this the 24th 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.22268 of 2005 ----------------------------------- JUDGMENT 24th September, 2008