IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 29350 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. SOWDENDRAN NAIR, KUNDARA VEEDU, ANTHIYOOR DESOM, BALARAMAPURAM P.O. THIRUVANANTHAPURAM. 2. ANIL KUMAR T., MUNDAPLAVILA VEEDU, ATHIYANNOOR, THANNIMOODU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. THE DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM REPRESENTED BY ITS GENERAL MANAGER. 2. SPECIAL SALE OFFIER, DISTRICT CO-OPERATIVE BANK,THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. SR.GOVT. PLEADER K.C.SANTHOSH KUMAR ADV.K.G.RADHAKRISHNAN NAIR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.29350 of 2009 ================== Dated this the 26th day of October, 2009 J U D G M E N T The petitioners are defaulters in repayment of loan amounts due from them to the 1st respondent-Co-operative Bank. According to them, the 1st respondent is permitting borrowers to close loan accounts by paying interest not exceeding the loan amount. Petitioners would submit that since this has been the practice adopted by the bank for other borrowers, the petitioners are also entitled to the same treatment. The petitioners, therefore, seek the following reliefs: “I. Writ of mandamus or any other appropriate writ order or direction directing the 1st respondent Bank to extend the benefit of closing the loan by paying loan amount with interest not exceeding the loan amount in favour of the petitioners. II. Writ of mandamus or any other appropriate writ order or direction directing the Bank to consider the petitioners request to pay the loan amount as requested in Exhibit P2.” 2. The learned counsel for the 1st respondent submits that an adalath is proposed to be conducted on 28.10.2009 and the petitioners' case can also be included in the adalath, so that they would get all the benefits available for settlement of loan accounts in the adalath. The petitioners have no objection to the said proposal. Accordingly, this writ petition is disposed of with the following directions: The 1st respondent shall place the petitioners' case also in the adalath proposed to be conducted on 28.10.2009. The petitioners shall 2 be present before the adalath on that day and participate in the proceedings before the adalath. The petitioners shall be given all benefits available to the borrowers, whose loan amounts are settled in the adalath. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge