IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 33748 of 2008(P) -------------------------- PETITIONER(S): --------------- UDAYAN, S/O. KOCHUKUTTAN, NEETTIKKAL THEKKETHIL, PADANILAM, NOORANADU. BY ADV. SRI.S.MOHANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURM. 2. K.H.R.W.S., REPRESENTED BY ITS MANAGING DIRECTOR GENERAL HOSPITAL CAMPUS RED CROSS ROAD, THIRUVANANTHAPURAM. 3. CENTURIAN BANK OF PUNJAB LTD., (FORMER LORD KRISHNA BANK), REPRESENTED BY ITS BRANCH MANAGER, PADANILAM BRANCH, NOORANADU. 4. M.K. PAPPU, S/O. KEEHUKUNJU, AGED 72 YEARS, VALAYYATHU, NOORANADU. 5. P.SHEEJA, W/O. MURALI, ELLUVELAYIL, THEKKEKARA, MAVELIKARA. ADV. SRI.RASHEED C.NOORANAD FOR R4 AND R5 GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33748/2008-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of January, 2010 J U D G M E N T The petitioner, a P.W.D Contractor, is seeking for a direction to the second respondent to disburse an amount of Rs.9,76,547/- being the amount due to the petitioner as per Exts.P1, P1(a) and P2. The fourth respondent is the petitioner's father's brother. It is the case of the petitioner that fourth respondent's son, who is a licenced contractor now, had been doing contract work before obtaining his licence, on the licence of the petitioner. An agreement was executed between the petitioner and the second respondent as per Exts.P1 and P1(a). An overdraft arrangement was made with the third respondent. It is submitted that since the fourth respondent's son did not do the work, the second respondent started to proceed against the petitioner as he was the signatory in the agreement. He was forced to complete the work using his own funds. He used the housing loan obtained by him as well as the amount taken on interest from private parties. He is in urgent need of money in order to pay off the debt due to the State Bank of Travancore Branch, Thumpamon and to other private parties. When the second respondent was about to release the money, the fourth and fifth respondents have filed W.P.(C). No.33748/2008 -:2:- O.S.No.168/2008 before the Sub Court, Mavelikkara claiming Rs.9,76,547/- towards the payment made by them in order to release the property given as guarantee for obtaining the loan in the name of the petitioner. This situation has led the petitioner to approach this Court by filing this writ petition. 2. Respondent Nos.4 and 5 have filed a detailed counter affidavit. Their case is that the fourth respondent remitted an amount of Rs.9,66,547/- on 19/06/2008 with the third respondent Bank for full and final settlement of the defaulted overdue account. It is in these circumstances, they have approached the Sub Court in the matter. It is pointed out that the Civil Suit is posted to 01/02/2010. 3. Since there is an inter se dispute between the parties and their claims will have to be adjudicated, at this stage, this Court may not be justified in granting a relief as sought for by the petitioner. The parties will abide by the orders to be passed in the Civil Suit in respect of the dispute now pending between them. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms