IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25332 of 2005(N)
1. BABY THOMAS, S/O.THOMAS, MUTHIRANCHICAL
... Petitioner
Vs
1. THE MEENACHIL EAST URBAN CO-OPERATIVE
... Respondent
2. THE SPECIAL SALE OFFICER, MEENACHIL
For Petitioner :SRI.LIJI.J.VADAKEDOM
For Respondent :SRI.K.G.ANIL BABU
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :20/02/2007
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.25332 of 2005
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Dated 20th February, 2007.
J U D G M E N T
Petitioner approached this Court aggrieved by Ext.P2
proceedings for sale of his property. Learned counsel appearing
for the Bank submits that steps have been taken to realise the
dues in respect of the personal loan availed by the petitioner, on
creation of an equitable mortgage. It is also submitted that
sufficient indulgence was shown to the petitioner on two
occasions earlier also, pursuant to the directions issued by this
Court. Be that as it may, there is an interim order dated
25.8.2005 directing the petitioner to continue to remit at the rate
of Rs.25,000/-. It is also made clear in the order that “if any of the
deposit as aforesaid is not made, this order will stand recalled
automatically”. Learned counsel appearing for the Bank submits
that the petitioner has not complied with the order. If so, being a
self working order, it is for the Bank to pursue the proceedings
from the stage it was stopped. However, it is made clear that the
judgment shall not stand in the way of the petitioner approaching
the Bank and closing the account by availing any of the schemes
WP NO.25332/05 2
for settlement. With the above observation, this writ petition is
dismissed.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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W.P.(C)No. of 2002
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J U D G M E N T
Dated 20th February, 2007.