IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18948 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. JAISON PHILIP, S/O. MATHEW PHILIP, MUDAKALIL HOUSE, PADINJATTINKARA P.O., PALA, KOTTAYAM. 2. JAYAN PHILIP, S/O. MATHEW PHILIP, MUDAKALIL HOUSE, PADINJATTINKARA P.O., PALA, KOTTAYAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM-686 002. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEENACHIL, PALA, KOTTAYAM. 4. MUTHOLY SERVICE CO-OPERATIVE BANK LTD.NO.1631, THEKKEMURI, PULIYANOOR P.O., KOTTAYAM, REPRESENTED BY ITS SECRETARY. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18948 of 2009 --------------------------------- Dated, this the 7th day of July, 2009 J U D G M E N T The petitioners have availed of loans from the 4th respondent. Default was committed, and ultimately the matter was placed before the District Level Adalat. In the Adalat Exts.P1 & P2 orders were passed by the Joint Registrar to settle the liability of the 1st petitioner by paying Rs.3,00,795/- and the 2nd petitioner, by paying Rs.3,03,038/- to liquidate his liability. The petitioners submit that by Exts.P3 & P4, the amount due under Exts.P1 & P2 have been paid, but, however, the bank on receipt of the amount, kept it in the suspense account without releasing the documents deposited by the petitioners. 2. Thereupon, they moved the 3rd respondent, who passed Ext.P5 order directing the Bank to release the documents. Despite that, documents were not released. At that stage, the petitioners got Ext.P6 notice from the 1st respondent enclosing a copy of the memorandum of appeal filed by the Bank against Exts.P1 & P2. It is WP(C) No.18948/2009 -2- at that stage, complaining of delay in the disposal of Ext.P6 appeal filed by the Bank before the 1st respondent against Exts.P1 & P2, this writ petition is filed. 3. Having regard to the pendency of Ext.P6 appeal filed by the Bank as above, this writ petition is disposed of directing the 1st respondent to consider the same with notice to the parties and as expeditiously as possible, at any rate, within three months of production of a copy of this judgment, along with a copy of this writ petition. 4. The petitioners shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg