IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18073 of 2005(B)
1. THE ALLEPPEY URBAN CO-OP.BANK LTD.,
... Petitioner
Vs
1. THE SALE OFFICER (ASSISTANT REGISTRAR),
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
3. A.MOHAMMED SHAFI, ANZAR MANZIL, MARUTHUM
For Petitioner :SRI.N.NANDAKUMARA MENON (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :17/09/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.18073 of 2005
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Dated this the 17th day of September, 2009
J U D G M E N T
The petitioner is a co-operative society. They obtained an award
from the Arbitrator under Section 69 of the Kerala Co-operative
Societies Act in ARC No.51/295 against the 3rd respondent for recovery
of certain amounts . EP 43/196 was filed before the 1st respondent in
the year 1996. The amount had to be recovered by sale of the
property mortgaged by the 3rd respondent to the bank. Although the
Arbitrator had attached the properties, no steps were taken to realise
the amounts by sale of the mortgaged properties, is the contention
raised by the petitioner. The petitioner, therefore, seeks the following
reliefs:
“i. To issue a writ of mandamus or other appropriate writ order
or direction directing respondents 1 & 2 to conduct the sale of the
attached properties in E.P.No.43/96 (sic) A.R.C. No.51/95 on the file of
the Assistant Registrar (General) Nedumangad, Thiruvananthapuram
forthwith;
ii. To issue a writ of mandamus or other appropriate writ order
or direction directing respondents 1 & 2 to take immediate steps for
conducting the sale of the attached properties in E.P.No.43/96 in
A.R.C.No.51/95 on the file of the Assistant Registrar (General)
Nedumangad, Thiruvananthapuram.”
2. The learned Government Pleader, on instructions, submits
that the sale was conducted on 18.8.2005, on which date, there was
nobody to participate in the auction. Subsequently, the bank
themselves purchased the same and that sale was confirmed. That
W.P.C.18073/05 2
being so, no further orders are necessary in this writ petition.
Therefore, recording the submission of the Government Pleader, this
writ petition is disposed of.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge