IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3374 of 2009(B)
1. SEETHAMMA MANOHARAN, KANDACHAZHIKATH,
... Petitioner
Vs
1. THE COASTAL URBAN CO-OPERATIVE BANK
... Respondent
2. THE ARBITRATOR, COASTAL URBAN
3. THE SPECIAL SALE OFFICER,
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :03/02/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.3374 OF 2009
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Dated this the 3rd day of February, 2009
JUDGMENT
1. Having regard to the nature of the order being issued
hereunder, notice to the respondents dispensed with,
preserving their right to move for review of this judgment, if
aggrieved.
2. The petitioner, a debtor of the first respondent, claims that
she is entitled to the benefit of Exts.P3, P4 and P6. No other
issues are pressed. The benefit of such circulars made in
certain circumstances inure even as regards awards that has
become final and pending execution. This is an issue that can
be raised before the Sale Officer. It is not necessary that
such decision could follow only on the consent of the bank.
Under such circumstances, it is directed that if an amount of
Rs.50,000/- is deposited within three weeks, Ext.P5 will stand
deferred for two months and the Sale Officer will hear the
petitioner on her claim for relief in terms of the aforesaid
WPC.3374/09
Page numbers
circulars. Thereafter, further execution proceedings will
continue. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.