Disposed

Reji Sakharia v. Kumaram Puthur Housing Society

Kerala HC22 Nov 2014WP(C)/2715/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding recovery and sale proceedings against the petitioner's property. Instead of interfering with the quantum of arrears or interest, the Court directed the respondent society to quantify dues, allow installment payments for twelve months, and stay recovery proceedings if terms are met.

What did the court decide?

Recovery proceedings stayed for 12 months contingent on the petitioner paying dues via monthly installments; Respondent directed to quantify dues and submit a repayment schedule.

Reji Sakharia Vs Kumaram Puthur Housing Society — Property and Title | Kerala HC (2014)

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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.VINOD CHANDRAN

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SATURDAY, THE 22ND DAY OF NOVEMBER 2014/1ST AGRAHAYANA, 1936

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WP(C).No. 2715 of 2012 (L)

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PETITIONER:

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REJI SAKHARIA, S/O.JOSEPH, AGED 30 YEARS, EDASSERIL HOUSE, ARAKKURUSSI, KAITHACHIRA, MANNARKKAD PALAKKAD DISTRICT.

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BY ADV. SRI.C.K.RAMAKRISHNAN

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RESPONDENT(S):

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1. KUMARAM PUTHUR HOUSING SOCIETY, KUMARAM PLUTHUR (P.O.), PALAKAD DISTRICT-673 001.

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2. THE ASSISTANT REGISTRAR (GENERAL), MINI CIVIL STATION, MANNARKKAD, PALAKKAD DISTRICT-673 001.

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R1 BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN

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SRI.K.T.THOMAS R2 BY GOVERNMENT PLEADER MR.RAFEEQ.V.K.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 2715 of 2012 (L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT. P1 : TRUE COPY OF THE NOTICE FOR THE SALE PROCEEDINGS DATED 14.12.2011. EXT. P2 : TRUE COPY OF THE PETITION FILED BEFORE THE SOCIETY AND ASSISTANT REGISTRAR DATED 14.12.2011.

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RESPONDENT'S EXHIBITS: - NIL --------------------------------------

/TRUE COPY/

P.A. TO JUDGE

mbr/

K. VINOD CHANDRAN, J. ===================== W.P.(C) No.2715 of 2012 - L ====================== Dated this the 22^nd day of November, 2014

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J U D G M E N T

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The petitioner is aggrieved with the recovery

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proceedings initiated against the petitioner's property. The property was also brought to sale. There was an interim order, dated 13.02.2012, directing deposit of Rs.1,00,000/on condition of which the confirmation of sale was stayed. It is an admitted position that the interim order was complied with.

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I have heard the learned Standing Counsel appearing for the Bank also.

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The learned Standing Counsel submits that Rs.7,03,008/- is due as arrears from January 2012. The petitioner also has a contention that excessive interest has been charged in the housing loan availed of by the petitioner. However, it is trite that, this Court under Article 226 of the Constitution of India cannot look into such

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W.P.(C) No.2715 of 2012 - L 2

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matters and the termination of the contract would definitely have to be agitated before the alternate remedy provided under Section 69 of the Kerala Co-operative Societies Act, 1969. Considering the impecunious circumstances pleaded by the petitioner, this writ petition is disposed of on the following terms:-

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(i) The petitioners shall produce a certified copy of this judgment before the 1^st respondent within two weeks of receipt of the same.

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(ii) The 1^st respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 10.12.2014.

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(iii) The 1^st respondent shall grant twelve monthly instalments for the payment of the balance dues, starting from 22.12.2014 and followed up on 22^nd of each succeeding month.

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(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.

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W.P.(C) No.2715 of 2012 - L

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(v) On the petitioner making two consecutive defaults,

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the recovery steps initiated shall revive and continue.

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(vi) On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 10.12.2014 and the same shall be settled as the 13^th instalment.

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(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.

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Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.

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K. VINOD CHANDRAN, JUDGE

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Reji Sakharia v. Kumaram Puthur Housing Society

Case brief

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Reji Sakharia v. Kumaram Puthur Housing Society

Case brief

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