High Court Kerala High Court

Rajan vs The Thrissur District … on 16 September, 2008

Kerala High Court
Rajan vs The Thrissur District … on 16 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27332 of 2008(D)


1. RAJAN, S/O KRISHNAN KUTTY, VADAKKEDATHU
                      ...  Petitioner

                        Vs



1. THE THRISSUR DISTRICT CO-OPERATIVE BANK
                       ...       Respondent

2. THE SPECIAL SALE OFFICER,

3. STATE OF KERALA , REP. BY THE SECRETARY,

                For Petitioner  :SMT.S.MUMTAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :16/09/2008

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.
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                 W.P.(C) NO.27332 OF 2008 (D)
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         Dated this the 16th day of September, 2008

                           J U D G M E N T

Petitioner availed a loan and defaulted the repayment.

This writ petition has filed faced with sale proceedings.

2. The learned counsel for the first respondent bank

submits on instructions that the sale was conducted on 5-9-

2008 and the property has been bid in auction by a third

party. Rule 60 and the allied ones among the Kerala Co-

operative Societies Rules, 1969 give the petitioner sufficient

opportunity to have the sale set aside. In view of the

intervening third party interests, I deem it in appropriate to

issue any further direction, in this jurisdiction.

For the foregoing reasons, this writ petition fails and the

same is accordingly dismissed.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE
skr/16/9