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. 8667 of 2006(F) ------------------------- PETITIONER: ----------------- MRS. MAITHILY, AGED 60 YEARS, W/O. RAJAN, KONGERIL HOUSE, EZHUPUNNA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENTS: ---------------------- 1. THE SPECIAL SALE OFFICER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), EZHUPUNNA SERVICE CO-OP.BANK LTD., EZHUPUNNA, ALAPPUZHA DISTRICT. 2. THE EZHUPUNNA SERVICE CO-OPERATIVE BANK NO.953, REPRESENTED BY SECRETARY, EZHUPUNNA, ALAPPUZHA DISTRICT. BY ADVS. SRI.KALEESWARAM RAJ FOR R2 SRI.JAGADEESH.T.R. FOR R2 GOVT. PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 8667 OF 2006 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE DEMAND NOTICE DATED 22.11.2005 EXHIBIT P2 : TRUE COPY OF THE RECEIPT DATED 19.1.2006 RESPONDENT'S EXHIBITS: EXHIBIT R2(a) : TRUE COPY OF THE MORTGAGE DEED DATED 26.3.1997 EXECUTED BY THE PETITIONER IN FAVOUR OF THE BANK. EXHIBIT R2(b) : SPECIMEN COPY OF THE REGISTER OF ATHULYA CERTIFICATE WITH RESPECT TO ONE MR. ANTONY AND ONE A.M. PHILOMINA EXHIBIT R3(c) : TRUE COPY OF THE RELEVANT PAGES OF THE LOAN REGISTER. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH J. ---------------------------------------------- W.P.(C) No.8667 of 2006 ---------------------------------------------- Dated 1st September, 2008. J U D G M E N T The issue raised in the 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, she may approach the Bank itself. It is made clear that in case the petitioner does not cooperate with the Bank in settling the matter, it will be open to the Bank to proceed with the recovery. It is further made clear that the benefit of settlement schemes, if any 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. tgs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No. 8667 of 2006 ---------------------------------------------- J U D G M E N T Dated 1st September, 2008.