Petitioners challenged the bank's sale notice and sought benefits under a One Time Settlement Scheme. The court dismissed the writ petition for failure by petitioners to comply with interim payment directions.
Writ petition dismissed due to failure to comply with interim order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934
WP(C).No. 20732 of 2012 (N)
PETITIONERS:
BY ADVS.SRI.B.S.SWATHY KUMAR
SMT.V.BEENA
RESPONDENTS:
REPRESENTED BY ITS GENERAZL MANAGER-682 030.
R1&2 BY ADV.SMT.I.SHEELA DEVI, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX (WPC 20732/2012)
PETITIONERS' EXHIBITS
EXHIBIT P1. TRUE COPY OF THE DEMAND NOTICE IN EP NO.253/2011 DATED 14/12/2011.
EXHIBIT P2. TRUE COPY OF THE DEMAND NOTICE UNDER FORM 6 IN EP NO.253/2011 DATED 16/4/2012.
EXHIBIT P3. TRUE COPY OF THE POSTAL COVER WHOSING THE POSTING DATE ON 7/5/2012.
EXHIBIT P4. TRUE COPY OF THE REVISION PETITION NO.127/2011 BEFORE THE KERALA STATE CO-OPERATIVE TRIBUNAL DATED 15/11/2011.
EXHIBIT P5. TRUE COPY OF THE ORDER U/S.76 AND RULE 81 OF THE COOPERATIVE SOCIETIES ACT DATED 9/8/2012 ISSUED BY THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS -
NIL
TRUE COPY
pms
P.A. to Judge
HARUN-UL-RASHID, J.
W.P.(C).No.20732 Of 2012
Dated this the 30th day of November, 2012.
J U D G M E N T
The writ petition is filed seeking the following reliefs:
i) To declare that the respondents are legally prohibited from filing an execution petition as well as issuing Ext.P5 since the revision petition Ext.P4 is pending before the Kerala Co-operative Tribunal and so the execution petition as well as Ext.P5 are legally unsustainable and liable only to be set aside and issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P5 and quash the same.
ii) To declare that the respondents are legally liable to consider the application filed under the One Time Settlement Scheme and grant the benefits under the scheme to the petitioners and that the petitioners are legally entitled to the benefits under one time settlement scheme.
further proceedings pursuant to Ext.P5 for a period of two months on condition that the petitioners shall pay Rs. 10 Lakhs
::2::
W.P.(C).No.20732 Of 2012
within a period of two months from the date of order. Ext.P5 is the sale notice issued by the sale officer. The liability under the said notice is Rs.63,40,778/-.
Since the interim order is not complied with, this Court is of the view that the petitioners are not entitled to any further relief in the writ petition. The writ petition is therefore, dismissed.
HARUN-UL-RASHID, Judge.
bkn/-
Bessy Babichan
M.V. Babichan
Ernakulam District Co-operative Bank Limited
The Branch Manager, Ernakulam District Co-operative Bank Limited
Special Sale Officer, Ernakulam District Co-operative Bank Limited
Harun-ul-Rashid
As recorded by the court registry
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