P.A.Jose vs Arbitrator Cum Special Sale … on 11 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9592 of 2009(T)


1. P.A.JOSE, S/O.ANTHONY,
                      ...  Petitioner

                        Vs



1. ARBITRATOR CUM SPECIAL SALE OFFICER/
                       ...       Respondent

                For Petitioner  :SMT.E.V.MOLY

                For Respondent  :P.C.SASIDHARAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/06/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                  W.P.(C) NO. 9592 OF 2009 (T)
                 =====================

             Dated this the 11th day of June, 2009

                           J U D G M E N T

The petitioner challenges the recovery proceedings initiated

against him. Admittedly, petitioner is a defaulter to the Bank and

the Bank proceeded against the mortgaged property after

obtaining an award in its favour. The property was brought for

sale and the sale has taken place on 26/3/2009.

2. In this writ petition, although this Court had also

passed an order dated 27/3/2009 not to confirm the sale on the

petitioner remitting the amount due in four instalments, it is the

admitted position that even those instalments have not been

paid. It is in these circumstances, the writ petition is coming up

for final hearing.

3. The pleadings in the writ petition does not show that

there is any illegality or irregularity in the proceedings initiated by

the Bank resulting in sale of the mortgaged property. If that be

the position, this Court will not be justified in interfering with the

matter. That apart, in view of the admitted position that even the

interim order of this Court has not been compiled with, I do not

WPC 9592/09
:2 :

think the petitioner deserves any further indulgence in this

matter.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp