IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 11234 of 2007(K) --------------------------------------- PETITIONER: ------------------- T.B.BASHEER, AGED 52, S/O.ALI, NAZEEB MANZIL, HAMZAKUNJU LANE, S.R.M. ROAD, KOCHI-18. BY ADV. SRI.S.SREEKUMAR. RESPONDENTS: ----------------------- 1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., ERNAKULAM MAIN BRANCH, REPRESENTED BY ITS GENERAL MANAGER. 2. AUTHORISED OFFICER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., ERNAKULAM MAIN BRANCH. R1 & R2 BY ADV. SRI.P.V.SURENDRANATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11234/2007-K: APPENDIX PETITIONERS' EXHIBITS & ANNEXURES: EXT.P.1. TO P.3: COPIES OF THE RECEIPTS ISSUED BY THE RESPONDENTS. EXT.P.4: COPY OF THE NOTICE DTD. 20/02/2006. EXT.P.5: COPY OF THE REPRESENTATION DTD. 18/08/06. EXT.P.6: COPY OF THE NOTICE DTD. 01/02/07. EXT.P.7: COPY OF THE ACKNOWLEDGEMENT CARD. EXT.P.8: COPY OF THE JUDGEMENT DTD. 19/02/07 IN W.P.(C).NO.5278/07. EXT.P.9: COPY OF THE RECEIPT DTD. 16/03/07 FOR RS.2,72,555/-. EXT.P.10: COPY OF THE REPRESENTATION DTD. 16/03/07. EXT.P.11: COPY OF THE REGISTERED LETTER DTD. 23/03/07 ISSUED BY THE RESPONDENT TO THE PETITIONER. ANNEXURE-I: COPY OF THE RECEIPT DTD. 04/06/07 ISSUED BY THE RESPONDENTS. ANNEXURE-II: COPY OF THE RECEIPT DTD. 23/07/2007. ANNEXURE -III: COPY OF THE RECEIPT FOR DEPOSIT OF RS.90,000/-. ANNEXURE-IV: COPY OF THE APPLICATION DTD. 06/02/2008. ANNEXURE -V: COPY OF THE RECEIPT OF THE AMOUNT DEPOSITED ON 02/06/08. ANNEXURE-VI: COPY OF THE LETTER DTD. 14/11/2005 SEND BY THE RESPONDENT. ANNEXURE-VII: COPY OF THE LETTER DTD. 24/01/2006 SEND BY THE RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE DECISION OF THE GENERAL MANAGER DTD. 20/06/2008. EXT.R1.B: COPY OF THE RESOLUTION NO. 271 DTD. 01/07/2008. EXT.R1.C: COPY OF THE COMMUNICATION ISSUED BY THE GENERAL MANAGER TO THE PETITIONER ON 01/07/2008. //TRUE COPY// P.A. TO JUDGE. prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.11234 OF 2007 ------------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT In this fairly long drawn litigation between a co-operative bank and one of its debtors, going by the submissions made today, the only issue remaining is for appropriate communication between the bank and the debtor regarding the rate of interest applied and adjustments made, while the bank ultimately extended a benevolent consideration following the interim order dated 12.12.2007. No other legal issues are involved. Therefore, it is ordered that if the petitioner appears before the Manger of the branch where his loan account was maintained, he will be issued such materials as is required by him, in accordance with law, in relation to his loan account and any clarification sought for by him may also be appropriately extended by that officer. On that basis, the petitioner has to make payment of the remaining amount within a period of one month from now. The petitioner will appear before the Branch Manager on 2.12.2008. If there is no remittance within the WPC.11234/07 Page numbers stipulated time, any distress action pending against the petitioner could be immediately enforced. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.