Petitioner and Respondent entered a settlement before adalat; Bank agreed to reconvey property. Court held Registrar's concurrence unnecessary, quashed Ext.P2, and directed parties to follow adalat decision.
Ext.P2 quashed; parties directed to act per adalat decision within current financial year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929
WP(C).No. 3708 of 2008(N) -------------------------
PETITIONER:
------------GEORGE MATHAI, S/O.MATHAI, PUZHANAVALLY HOUSE, P.O.KUNIJI, PURAPPUZHA, IDUKKI DISTRICT.
BY ADV. SRI.R.KIRAN
RESPONDENTS:
R1 BY ADV. SRI.P.V.BABY
R2 BY GOVT. PLEADER, SMT. M.K.PUSHPALATHA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC : 3708 OF 2008
APPENDIX
PETITIONER'S EXHIBITS:
/TRUE COPY/
PA TO JUDGE
THOTTATHIL B. RADHAKRISHNAN, J.
W.P(C) No. 3708 OF 2008
Dated this the 18th day of February, 2008
JUDGMENT
The parties have entered a settlement before an adalat of the Co-operative Department, on 01.09.07. Thereby, the loan transaction is crystallized into a decision that the Bank will reconvey the property which it purchased in recovery auction and the debtor petitioner will pay amounts as fixed in the adalat. In such an instance, the concurrence of the registrar is not necessary and Ext.P2 is baseless. In the result, Ext.P2 is quashed and the parties are directed to act in terms of the decision of the adalat before the end of the current financial year.
The Writ Petition is allowed as above.
THOTTATHIL B. RADHAKRISHNAN, JUDGE
ttb
RC No. 8 OF 1999
2
2 issues framed by the court
Whether the concurrence of the Registrar is required to quash a communication when parties have settled before adalat
Whether Ext.P2 is valid in light of the settlement decision
George Mathai
The Thodupuzha Primary Co-Operative Agricultural and Rural Development Bank Ltd.
The Joint Registrar of Co-Operative Societies (General), Idukki
Thottathil B. Radhakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
