IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 17185 of 2011(W) ---------------------------------- PETITIONER(S): ------------------- B.USHA, AGED 43 YEARS, W/O.SARASEN, SHIJU BHAVANAM, (JAYANTHI COLONEY), NORTH MYNAGAPPALLY, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK. BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------------- 1. JOINT REGISTRAR, KOLLAM CO-OPERATIVE SOCIETY OFFICE, KOLLAM. 2. THE GENERAL MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM. 3. THE BRANCH MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK, MYNAGAPPALLY BRANCH, MYNAGAPPALLY. 4. THE SALE OFFICER, KOLLAM DISTRICT CO-OPERATIVE BANK, KOLLAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,KOLLAM CO-OP. SR. GOVT. PLEADER SRI.S.ABDUL SALAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 17185 of 2011 ------------------------------- Dated this the 29th day of July, 2011 J U D G M E N T This writ petition is filed by a debtor of the Kollam District Co-operative Bank challenging Ext.P2 demand notice issued by the fourth respondent demanding payment of the sum of Rs.2,06,919/-. The main contention raised in the writ petition is that a copy of the award or the substance of the award was not served on the petitioner and therefore even before service of a copy of the award on the petitioner, it cannot be executed. 2. When the writ petition came up for admission-hearing today, Sri.R.Sunil Kumar, learned counsel appearing for the petitioner submitted that the petitioner is now interested only in seeking the benefit of Circular No.41 of 2011 dated 23.6.2011 issued by the Registrar of Co-operative Societies and in such circumstances, the petitioner may be permitted to withdraw the writ petition without prejudice to the right of the petitioner to move the bank seeking the benefit of the aforesaid Circular. 3. The learned standing counsel appearing for the Kollam District Co-operative Bank submitted that if the petitioner files an appropriate representation before the Branch Manager of the W.P.(C) No.17185 of 2011 2 concerned branch claiming the benefit of the aforesaid circular, the bank will consider the petitioner's entitlement, if any, for the benefits under the said circular and take an appropriate decision thereon expeditiously. In such circumstances, the writ petition is dismissed as withdrawn recording the above submission and reserving liberty with the petitioner to move the Kollam District Co-operative Bank seeking the benefit of Circular No.41 of 2011. P.N. RAVINDRAN, JUDGE. nj.