IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35190 of 2010(W)
1. P.M.SHAJI, AGED 5 YEARS,
... Petitioner
2. DEVAKI NARAYANAN, W/O. NARAYANAN,
Vs
1. DEPUTY REGISTRAR/SPECIAL ARBITRATOR,
... Respondent
2. SPECIAL SALES OFFICER,
3. ERNAKULAM DISTRICT CO-OPERATIVE BANK
4. P.N.CHANDRAN, PARAYIDUKKIL,
For Petitioner :SRI.PEEYUS A.KOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :04/01/2011
O R D E R
P.N.RAVINDRAN, J.
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W.P(C).No.35190 of 2010
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Dated this the 4th day of January, 2011
JUDGMENT
The petitioners are guarantors to a loan availed by the 4th
respondent from the 3rd respondent Bank. When the loan was not
repaid the Bank initiated arbitration proceedings, which
culminated in Ext.P1 award dated 11.12.2007. Even after the
award was passed the petitioners and the 4th respondent did not
satisfy the award. In such circumstances the Bank issued Ext.P5
demand notice calling upon the petitioners to pay the sum of
Rs.20,27,172/-. The instant writ petition was thereupon filed
challenging Ext.P1 award and seeking consequential reliefs.
2. When the writ petition came up for hearing today
Sri.P.V.Surendranath, learned standing counsel appearing for the
3rd respondent Bank, submitted that the principal debtor, the 4th
respondent, has paid the entire amounts due under Ext.P1 award
and that the Bank will therefore, not enforce the award against
the petitioners.
3. In the light of the said submission the petitioners cannot
W.P(C).No.35190 of 2010
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have any subsisting grievance. The writ petition is accordingly
closed recording the submission made on behalf of the 3rd
respondent Bank that Ext.P1 award has been satisfied.
P.N.RAVINDRAN,
Judge.
ahg.
P.N.RAVINDRAN, J.
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W.P(C).No.35190 of 2010
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JUDGMENT
4th January, 2011