Dismissed

Thiruvananthapuram Co-Operative Agricultural and Rural Development Bank v. K.Sobhanakumari

Kerala HC9 Feb 2012WA/207/2012

Case brief

AI extract

What is this about?

This writ appeal by a co-operative bank challenging a single judge's judgment granting interest waiver was dismissed. The court dismissed the appeal and confirmed the lower court's judgment, including the cancellation of the bank's sale of the respondents' property.

What did the court decide?

The writ appeal was dismissed confirming the single judge's judgment including cancellation of the sale.

Thiruvananthapuram Co-Operative Agricultural… — Contract and Commercial Disputes | 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 C.N.RAMACHANDRAN NAIR

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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THURSDAY, THE 9TH DAY OF FEBRUARY 2012/20TH MAGHA 1933

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WA.No. 207 of 2012 () IN WPC/10495/2008

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AGAINST THE ORDER/JUDGMENT IN WPC.10495/2008 DATED 13-01-2012

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APPELLANT(S)/3RD RESPONDENT IN WPC:

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THIRUVANANTHAPURAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.170, SANGEETH NAGAR, THYCAUD P.O. THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.D. KISHORE

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RESPONDENT(S)PETITIONERS 1 TO 3 AND RESPONDENTS 1, 2 AND 4 IN WPC:

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1 K.SOBHANAKUMARI, 'PRASANTHAM', MUNDELA P.O., VELLANADU, THIRUVANANTHAPURAM.695543.

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M. THARANADHAN NAIR, RESIDING AT 'PRASANTHAM, MUNDELA P.O., VELLANADU, THIRUVANANTHAPURAM.695543.

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KUNJURAMAN NAIR, PULLUVILA VEEDU, KOKKOTHAMANGALAM, MUNDELA, ARUVIKKARA,

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NEDUMANGADU TALUK-695543.

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REGIstrar OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.

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THE JOINT REGIstrar OF CO-OEPRATIVE SOCIETIES, (GENERAL), THIRUVANANTHAPURAM-695001.

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THE SALE OFFICER, THIRUVANANTHAPURAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.170, SANGEETH NAGAR, THYCAUD P.O., THIRUVANANTHAPURAM.

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R BY GOVERNMENT PLEADER SRI. BOBBY JOHN. R BY ADV. SRI. UNNIKRISHNA KAIMAL.

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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C.N. RAMACHANDRAN NAIR

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BABU MATHEW P. JOSEPH, JJ.

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W.A. No. 207 OF 2012

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Dated this the 9^th day of February, 2012

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J U D G M E N T

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Ramachandran Nair, J

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This Writ Appeal is filed by the Bank challenging the judgment of the learned Single Judge granting partial relief to the respondents by way of waiver of interest beyond 31.3.2008.

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We have heard the learned counsel appearing for

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the appellant and also the respondents who took notice on admission.

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The Bank's case is that on default, they sold the property of the respondents and the Bank itself purchased the property. However the sale was not confirmed. The Joint Registrar declined to confirm the sale for the reason that it was not properly made. Before the Single Judge the

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W.A. No.207 OF 2012

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:2 :

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respondents' prayer was for one time settlement of liability and in the judgment of the learned Single Judge interest liability was limited to the principal amount. It is against this judgment, this Writ Appeal is filed.

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Counsel for the appellant submitted that as against the loan of Rs.4 lakhs availed, respondents have remitted Rs.8.25 lakhs. We do not find any merit in the Writ Appeal filed by the Bank because only partial relief is granted by the learned Single Judge, which in our view protects the interest of the Bank. We have seen in this Court several debt cases getting settled on payment of loan with equal amount towards interest.

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The Writ Appeal is disposed of confirming the judgment of the learned Single Judge including cancellation of sale.

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C.N. RAMACHANDRAN NAIR, JUDGE.

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BABU MATHEW P. JOSEPH, JUDGE.

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ul/-

Thiruvananthapuram Co-Operative Agricultural and Rural Development Bank v. K.Sobhanakumari

Case brief

What is this about?

What did the court decide?

Thiruvananthapuram Co-Operative Agricultural and Rural Development Bank v. K.Sobhanakumari

Case brief

What is this about?

What did the court decide?

What the court decided

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