IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36457 of 2009(B)
1. RAMANA NAIK, AGED 70 YEARS,
... Petitioner
Vs
1. THE THE KASARGOD PRIMARY CO-OPERATIVE
... Respondent
For Petitioner :SRI.J.JAYAKUMAR
For Respondent :SRI.T.SETHUMADHAVAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/12/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.36457/2009-B
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Dated this the 3rd day of December, 2010
J U D G M E N T
This writ petition is filed by the petitioner
challenging steps for recovery of money initiated by
the Sale Officer of the respondent-Bank. Ext.P1 is the
notice issued by the Bank. The amount due is shown as
Rs.3,27,519/- + other charges.
2. This Court passed an interim order dated
17/12/2009 staying further action for a period of one
month on condition that the petitioner pays an amount
of Rs.1.10 lakhs within the said period. Again the
matter came up for hearing on 01/02/2010 and it was
noticed that the condition has not been complied with
by the petitioner. Therefore, this Court made it clear
that if the condition in the interim order has not been
complied with, then the Bank would be free to proceed
with further action pursuant to Ext.P1.
3. Evidently, the notice Ext.P1 proposed the
auction of the property on 18/12/2009. If the auction
W.P.(C). No.36457/2009
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has been held already and if there are any grounds for
the petitioner to challenge the same, the petitioner
would be free to challenge it before the appropriate
Forum. Even if the auction has been held and if the
petitioner is prepared to remit the amount for getting
the release of the property which was the subject
matter of the auction, the Bank will consider the same
and allow, concessions, if any, allowable under any
relevant Scheme. With the above observation, the writ
petition is dismissed. No costs.
(T.R. Ramachandran Nair, Judge.)
ms