High Court Kerala High Court

Smt.K.Indira vs The Branch Manager on 28 October, 2008

Kerala High Court
Smt.K.Indira vs The Branch Manager on 28 October, 2008
       

  

  

 
 
  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.
                  -------------------------------------------
                   W.P(C).No.31591 OF 2008
                  -------------------------------------------
             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.