IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 1444 of 2008(S)
1. YATHEENDRAN.S,PRESIDENT, GURUKRIPA HINDU
... Petitioner
Vs
1. SHRI. K.P. SURESHKUMAR, AGED 52 YEARS,
... Respondent
2. SHRI. B. ANILKUMAR, THE SALE OFFICER,
For Petitioner :SMT.K.P.GEETHA MANI
For Respondent :SRI.M.SREEKUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :31/10/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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Cont. Case (C).No.1444 OF 2008
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Dated this the 31st day of October, 2008
JUDGMENT
This contempt case is filed with reference to judgment in
W.P(C).21891/08. The petitioner herein is the writ petitioner.
Reference hereinafter is made on the basis of the status of
parties in the writ petition.
The third respondent is a primary co-operative bank. It had
advanced a loan to one person by name Reghunath. He did not
repay. The third respondent, therefore, initiated proceedings
under the CARD Bank Act. A portion of the property was sold in
auction. The institution represented by the petitioner
purchased that item. With that, the provisions of the CARD Bank
Act operate and the purchaser gets title. It appears that after
the mortgage was created in favour of the third respondent,
there was certain criminal proceedings against the debtor
Reghunath and the learned Magistrate has issued an order of
COC.1444/08
Page numbers
attachment as a distress action, by which, the property is under
attachment of a criminal court. Obviously therefore, there will
be some confusion regarding the registration of the transfer in
favour of the petitioner. Under such circumstances, no case of
contempt of court comes out, though the third respondent bank
has to take effective steps to clear the muddle by moving the
competent civil court in relation to the attachment and obtain
orders. Without prejudice to that course, this contempt case is
closed.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.
