Partly allowed

Usha v. the Special Sale Officer

Kerala HC27 Jul 2012WP(C)/10840/2012

Case brief

AI extract

What is this about?

Petitioner challenged an auction notice for her property. After an interim stay conditioned on a deposit was granted, the Court allowed the petitioner to pay the balance amount in eight equal monthly instalments to maintain the stay against coercive recovery steps.

What did the court decide?

Permission granted to pay the balance amount of Rs.25,000/- in eight equal monthly instalments to keep the stay on the auction order active. All coercive steps stayed subject to payment.

Usha Vs the Special Sale Officer — Banking and Recovery | 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 K.SURENDRA MOHAN

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FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934

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WP(C).No. 10840 of 2012 (D)

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PETITIONER(S):

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USHA, AGED 44 YEARS W/O.MOHANAN, SWATHI BHAVANAM, ANAYADI MURI SOORANAD NORTH VILLAGE, KUNNATHOOR TALUK KOLLAM DISTRICT.

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BY ADV. SRI.P.V.DILEEP

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RESPONDENT(S):

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1. THE SPECIAL SALE OFFICER THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL-RURAL DEVELOPMENT BANK (LTD) NO.Q 373 SASTHAMCOTTA PO, KOLLAM DISTRICT, PIN-690 521.

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2. THE SECRETARY THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL-RURAL DEVELOPMENT BANK (LTD) NO.Q 373 SASTHAMCOTTA PO, KOLLAM DISTRICT, PIN-690 521.

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BY ADV. SRI.P.SANTHALINGAM (SR.) BY ADV. SRI.S.SHARAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10840 of 2012 (D)

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APPENDIX

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PETITIONER(S) EXHIBITS:-

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EXHIBIT P1- THE TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY THE IST RESPONDENT IN MALAYALA MANORAMA DAILY DATED 8.4.2012.

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RESPONDENTS' EXHIBITS:- NIL.

( TRUE COPY )

PA TO JUDGE.

Kvs/ -

K.SURENDRA MOHAN, J

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= = = = = = = = = = = = = WP(C).No.10840 of 2012 = = = = = = = = = = = = =

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Dated this the 27^th July, 2012.

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J U D G M E N T

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Service is complete. But, there is no appearance for the respondents.

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The petitioner has filed this writ petition challenging Ext.P1 notice of auction published by the respondents scheduling the auction sale of the petitioner's property on 9.5.2012. This writ petition was admitted and by order dated 4.5.2012, a stay of further proceedings to conduct the auction sale was granted by this Court on condition that an amount of Rs.25,000/- was deposited by the petitioner within a period of two weeks of that order. Counsel for the petitioner submits that the petitioner has deposited the said amount and has complied with the condition stipulated by the interim order. The petitioner seeks permission to pay the balance amount in instalments.

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Considering the financial condition of the petitioner, I am of the view that the petitioner can be

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WP(C).No.10840/2012.

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permitted to pay the balance amount in eight equal monthly instalments.

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This writ petition is accordingly disposed of directing the petitioner to pay the entire amount due to the respondents in eight (8) equal monthly instalments. The first instalment shall be paid on or before the 10^th of August, 2012. The subsequent instalments shall be paid on or before the 10^th of each succeeding month thereafter. Pending payment of the balance amount in instalments, all coercive steps of the respondents to recover the amounts demanded from the petitioner including sale of her property pursuant to Ext.P1 notice shall remain stayed. It is made clear that in the event of the petitioner committing any default in payment of the instalments stipulated above, the respondents shall be free to pursue necessary action for recovering the balance amount due.

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K.SURENDRA MOHAN,

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Kvs/-

Usha v. the Special Sale Officer

Case brief

What is this about?

What did the court decide?

Usha v. the Special Sale Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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