Partly allowed

Manakadavan Aboobacker v. the Assistant Registrar of Co-Operative Societies

Kerala HC21 Nov 2012OP(C)/1903/2012

Case brief

AI extract

What is this about?

The High Court at Ernakulam set aside a sale certificate issued in favour of a co-operative society due to procedural violations. The court allowed the petitioner to clear the dues via instalments. Failure to pay will result in cancellation of this order.

What did the court decide?

Sale certificate set aside on condition of remitting balance loan amount in three equal monthly instalments, 5% of sale amount, and costs of 5,000/- to the 2nd respondent.

Manakadavan Aboobacker Vs the Assistant Registrar of… — Cooperative Societies | Kerala HC (2012)

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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 HARUN-UL-RASHID

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WEDNESDAY, THE 21ST DAY OF NOVEMBER 2012/30TH KARTHIKA 1934

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OP(C).No. 1903 of 2012 (O)

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EP.NO.105/2011 IN ARC.1176/2008 OF SUB COURT, TIRUR

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PETITIONER :

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MANAKADAVAN ABOOBACKER

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P.O.MOONIYOOR, MOONIYOOR AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADVS. SRI.R.K.MURALIDHARAN

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SMT. JAISNA MENON

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RESPONDENTS :

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1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRUR, MALAPPURAM-676101.

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2. THE SECRETARY,

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PARAPPANANGADI REGIONAL HOUSING

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CO-OPERATIVE SOCIETY LTD.NO.(M) 38

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P.O. PARAPPANANGADI, MALAPPURAM.

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R1 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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OP(C).No. 1903 of 2012 (O)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT-P1 COPY OF THE E.P.105/2011 IN ARC NO.1176/2008 DATED 27.6.2011 EXT-P2 COPY OF THE JUDGMENT IN OP(C)1975/2011 DATED 1ST JULY, 2011. EXT-P3 COPY OF THE INTERIM ORDER IN OP(C) NO.1650/2012 DATED 30.5.2012. RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

HARUN-UL-RASHID, J.

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O.P.(C).No.1903 Of 2012 ---------------------Dated this the 21^st day of November, 2012.

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J U D G M E N T

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The original petition is filed seeking to set aside the award in A.R.C.No.1176/2008, to set aside the sale certificate issued in favour of the 2^nd respondent and for other reliefs.

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The petitioner availed a housing loan of Rs.5 Lakhs

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from the 2^nd respondent Society. The petitioner defaulted the loan amount. The bank filed A.R.C.No.1176/2008 and a decree was passed in favour of the bank allowing the bank to realise the amount with interest. On the basis of the award passed, the mortgage property was sold in auction. The sale was confirmed and sale certificate was issued in the name of the bank. It is contended that proceedings initiated for sale of the property are in violation of Rule 81 of the Kerala Co-operative Societies Rules.

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When the matter was taken up for consideration, the learned counsel for the petitioner submits that as directed by this Court in the interim order dated 19.6.2012, a sum of Rs.3 Lakhs has been remitted. The petitioner submits that he is prepared to remit the balance amount due in three monthly instalments.

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::2::

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O.P.(C).No.1903 Of 2012

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Accordingly, the sale in favour of the 2^nd respondent is set aside on condition that the petitioner shall remit the balance amount due to the 2^nd respondent in three equal monthly instalments. The 1^st instalment shall commence from 5.1.2013. The balance instalments shall be made on 5^th of two succeeding months. Along with the last instalment, the petitioner shall also remit 5% of the sale amount with a cost of Rs.5,000/- to the 2^nd respondent. In case of the petitioner committing default in making payment of any one of the instalment during any months, the order issued by this Court setting aside the sale shall stand cancelled automatically.

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The original petition is disposed of as above.

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HARUN-UL-RASHID, Judge.

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bkn/-

Manakadavan Aboobacker v. the Assistant Registrar of Co-Operative Societies

Case brief

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Manakadavan Aboobacker v. the Assistant Registrar of Co-Operative Societies

Case brief

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