IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27701 of 2010(K)
1. BEERANKUTTY,
... Petitioner
Vs
1. THE KOZHIKODE DISTRICT CO-OPERATIVE
... Respondent
2. SPECIAL SALE OFFICER,
3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.B.V.JOY SANKER
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :14/09/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.27701 OF 2010
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Dated this the 14th day of September, 2010
JUDGMENT
The petitioner had availed housing loan of Rs.80,000/- from the first
respondent-Bank in the year 2001. On account of chronic default in re-
payment of the instalments towards the said loan account, the first
respondent initiated arbitration proceedings and the same had culminated
in an award in ARC 525/2006. Even thereafter, the petitioner did not pay
off the debt and consequently, Ext.P1 sale notice has been issued to him.
It is evident from Ext.P1 that the amount due from the petitioner to the first
respondent -Bank is Rs.1,83,954/-. It is stated thereunder that the auction
and sale of immovable properties is scheduled to be held on 15.9.2010. It
is submitted that Ext.P2 circular dated 30.11.2006 relied on by the
petitioner is not at all in existence and, therefore, it is inapplicable. The
petitioner had not challenged the award passed in ARC 525/2006 and
therefore, he cannot be relieved off his liability to pay the amount covered
as per the award in the said ARC, it is further contended. Considering the
fact that the sale is yet to be effected, this Writ Petition is disposed of as
hereunder:-
In case auction is conducted on 15.9.2010 pursuant to Ext.P1 sale
W.P.(C) NO.27701/2010 2
notice, the same shall not be confirmed till 15.10.2010. In the meanwhile,
the petitioner shall pay an amount of Rs.50,000/- on or before 14.10.2010
to the first respondent -Bank. In case the petitioner effects payment as
directed above on or before 14.10.2010, it will be open to him to file a
proper representation to the first respondent-Bank requesting to waive
interest relying on Ext.P2 circular. On receipt of such a representation, the
first respondent shall consider the same in accordance with law, taking into
account the circulars or orders governing the issue and pass orders thereon
expeditiously. Needless to say that no coercive steps shall be taken till
disposal of the said representation.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.27701/2010 3
C.T. RAVIKUMAR, J.
JUDGMENT
September, 2010
W.P.(C) NO.27701/2010 4