Dismissed

Praveen v. Assistant Registrar of Co-Op.Societies

Kerala HC25 Mar 2010WP(C)/6923/2010

Case brief

AI extract

What is this about?

This writ petition challenged the notice issued for sale of the petitioner's property to recover a defaulted bank loan. The Court directed the petitioner to deposit Rs. 50,000 immediately and clear the balance in four equal monthly installments to stay the recovery action.

What did the court decide?

Directed the petitioner to deposit Rs. 50,000 before 31.3.2010 and pay the balance in four equal monthly installments; allowed recovery upon default of two instalments.

Praveen Vs Assistant Registrar of Co-Op.Societies — Execution and Attachment | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 6923 of 2010(M) ----------------------------------------

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PETITIONER(S): ------------------------

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PRAVEEN, AGED 39 YEARS, S/O.DAMODARAN, MENOTH PARAMBIL HOUSE, P.O.MANAKODY, THRISSUR DISTRICT.

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BY ADVS. MR.RAJIT, MR.RANJIT BABU.

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RESPONDENT(S):

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---------------------------

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1. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARNA SATHABDHI MANDIRAM, TUDA ROAD, THIRUVAMBADY, THRISSUR.

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2. THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARANA SATHABDHI MANDIRAM, TUDA ROAD, THIRUVAMBADY, THRISSUR, REPRESENTED BY THE SECRETARY.

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R2 BY ADV. MR.P.C.SASIDHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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K. SURENDRA MOHAN, J.

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W.P(C) NO:6923 OF 2010

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----------------------------------------------------------Dated this the 25^th March, 2010.

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JUDGMENT

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The petitioner had availed a loan of Rs. 3 lakhs from the second respondent for the purpose of construction of his house. The loan was granted on the security of 22 cents of land along with his residential house. According to the petitioner, initially he was very regular in remitting the instalments that were due. But, subsequently the instalments were defaulted . The bank initiated proceedings for the recovery of the amount due and an award has been passed in favour of the bank in ARC 1228/2006. Thereafter E.P.219/2009 was filed for execution of the award. In the execution proceedings Ext.P1 notice has been issued notifying the petitioner's property for sale. The petitioner has filed this writ petition challenging Ext.P1notice.

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The counsel for the second respondent bank has filed a statement pointing out that though the award was passed in 2006, no amount has been paid by the petitioner till date. According to the counsel, Ext.P1 notice has been issued in accordance with law and it does not suffer from any legal infirmity warranting interference by this Court.

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WPC 6923/2010

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The counsel for the petitioner submits that he is ready to pay off the entire amount due to the second respondent bank provided he is permitted to pay the same in instalments. However, the facility for paying in instalments can be granted only if the petitioner proves his bonafides.

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In the above circumstances this writ petition is disposed of directing the petitioner to deposit an amount of Rs.50,000/towards the amount demanded as per Ext.P1 before 31.3.2010. The balance amount shall be paid in four equal monthly instalments commencing from 30.4.2010. It is made clear that in the event of the petitioner defaulting two consecutive instalments the bank will

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be free to proceed with action for recovery of the amounts demanded in accordance with law, pursuant to Ext.P1.

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K. SURENDRA MOHAN Judge

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WPC 6923/2010 3

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K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

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Dated:

Praveen v. Assistant Registrar of Co-Op.Societies

Case brief

What is this about?

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Praveen v. Assistant Registrar of Co-Op.Societies

Case brief

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What did the court decide?

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