Thondungal Shailesh vs Kannur Town Service Co-Op. Bank … on 16 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32221 of 2009(W)


1. THONDUNGAL SHAILESH,
                      ...  Petitioner

                        Vs



1. KANNUR TOWN SERVICE CO-OP. BANK LTD.
                       ...       Respondent

2. ASSISTANT REGISTRAR OF CO-OP. SOCIETIES

3. SPECIAL SALES OFFICER KANNUR TOWN

                For Petitioner  :SRI.GOPAKUMAR G. (ALUVA)

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :16/12/2009

 O R D E R
                               S.SIRI JAGAN, J.

                        ==================

                        W.P.(C).No. 32221 of 2009

                        ==================

                Dated this the 16th day of December, 2009

                               J U D G M E N T

The petitioner is a defaulter in repayment of loan amount due

from him to the 1st respondent Bank. The Bank initiated proceedings

for recovery of the same, which resulted in a sale notice for sale of the

mortgaged property. The petitioner is challenging the same. At the

time of admission, taking a lenient view, I granted an interim stay for

a month on condition that the petitioner pays an amount of

Rs.50,000/- within that time. It is admitted before me that the

petitioner has not complied with the condition in the interim order.

That being so, the petitioner has become disentitled to the

discretionary jurisdiction of this Court under Article 226 of the

Constitution of India. If the petitioner has any valid contention against

the sale, it is for the petitioner to approach the authority under Section

69 of the Kerala Co-operative Societies Act appropriately. Without

prejudice to that right of the petitioner, this writ petition is dismissed.

Sd/-

sdk+                                                S.SIRI JAGAN, JUDGE

          ///True copy///




                                P.A. to Judge

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