IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 34422 of 2007(W) -------------------------- PETITIONER: ------------ JOSEPH CHACKO, S/O.LATE UTHUP CHACKO, MARA MANGALAM HOUSE, MANNANAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENTS: ----------------- 1. THE ATHIRAMPUZHA REGIONAL SERVICE CO-OP. BANK LTD. NO.3806, ATHIRAMPUZHA, KOTTAYAM, REP. BY ITS SECRETARY. 2. JAMES MATHEW, CHACKALACKAL HOUSE, ATHIRAMPUZHA, KOTTAYAM. 3. THE FEDERAL BANK LTD., GANDHINAGAR, KOTTAYAM, REP. BY ITS MANAGER. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.M.P.MADHAVANKUTTY SRI.GOKUL DAS V.V.H. SRI.P.V.GEORGE(ONAKKOOR) SRI.REJI GEORGE SMT.MANJU RAJAN SRI.N.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1- TRUE COPY OF THE POWER OF ATTORNEY GIVEN BY PHILIP CHACKO IN FAVOUR OF THE PETITIONER. EXT.P2- TRUE COPY OF THE PLAINT IN ARC.NO.4161/1995. EXT.P3- TRUE COPY OF THE ARBITRATION AWARD IN ARC.NO.4161/1995. EXT.P4- TRUE COPY OF THE JUDGMENT DT.20/06/2007 OF THE CO-OPERATIVE TRIBUNAL IN AP.NO.49/2000. EXT.P5- TRUE COPY OF THE JUDGMENT DT.17/12/1984 IN O.S.NO.75/1984. RESPONDENTS' EXHIBITS: NIL. -TRUE COPY- P.S.TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.34422 of 2007-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. JUDGMENT 1.Petitioner's father availed a loan from the first respondent pledging some ornaments. The second respondent, who was at one time the Secretary of the first respondent bank, pledged different ornaments, including those of the petitioner's father in the Federal Bank. The claim of the petitioner as a legal representative of his late father was decided by the Arbitrator holding that respondents 1 and 2 are liable to pay off the third respondent bank, retrieve and give the ornaments to the petitioner and in failure of which, the petitioner was permitted to enforce recovery against the second respondent. 2.With the passage of time, as of now, the total WP(C)34422/2007 -: 2 :- outstandings due to the third respondent is hardly around Rs.35,000/- and it would not be in the interest of the first respondent to part off its right to proceed for recovery against the second respondent. 3.For the aforesaid reasons, this writ petition is disposed of directing that the first respondent will satisfy the demand of the third respondent, pay off the outstandings, retrieve the ornaments and give the ornaments pledged by the late father of the petitioner to the petitioner under lawful receipt in accordance with law and on such handing over of the ornaments, the award in favour of the petitioner passed under the KCS Act will stand satisfied. The first respondent will be at liberty to proceed against the second respondent in accordance with law for recovery of amounts, including the aforesaid. The first respondent shall ensure that the directions contained in this judgment are complied with WP(C)34422/2007 -: 3 :- within one month from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090408