IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31591 of 2008(J)
1. SMT.K.INDIRA, AGED 48 YEARS,
... Petitioner
Vs
1. THE BRANCH MANAGER, ERNAKULAM DISTRICT
... Respondent
2. THE SPECIAL SALE OFFICER, ERNAKULAM
For Petitioner :SRI.M.V.JOY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :28/10/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.31591 OF 2008
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Dated this the 28th day of October, 2008
JUDGMENT
Heard learned counsel for the petitioner and learned
counsel for the respondents.
The petitioner’s husband availed a loan from the first
respondent on 20.3.1996 to start a medical shop. On account of
default in repayment, the first respondent initiated proceedings
under the Kerala Co-operative Societies Act, 1969, and that has
become final. Presently, the amounts have accrued to around
Rs.4,70,000/-. The sale is listed on 30.10.2008. I do not find any
jurisdictional error or legal infirmity in the impugned
proceedings. The petitioner states that the shop room where the
medical shop was housed was required for land acquisition in
connection with widening of road and as of now, there is no
activity going on there. Obviously therefore, the petitioner
cannot aspire to generate income from the shop and repay the
outstandings. As a last resort, the petitioner seeks to pay off
WPC.31591/08
Page numbers
the outstandings in instalments and to save the property from
distress action.
In the result, repelling all other contentions, this writ
petition is ordered directing that if the petitioner deposits an
amount of Rs.75,000/- at or before the time fixed for sale on
30.10.2008 and continues to remit amounts at the rate of Rupees
One Lakh per month, payable on or before the last working day
of every month commencing from November, 2008, the
impugned distress action will be held back and later dropped on
satisfaction of the recoveries. However, if there is default in
remitting any of the instalments as aforesaid, the benefit of this
judgment shall stand recalled automatically and distress action
shall follow.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.