Disposed

S.Sundaresan v. the Registrar of Co-Operative Societies

Kerala HC23 Nov 2016WP(C)/15240/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a bank's auction sale. It allowed the sale to be set aside conditional on the petitioner paying the auction purchaser the deposit amount with 6% interest, or confirming the sale if the petitioner failed to comply.

What did the court decide?

The sale was set aside upon the petitioner's payment of the auction amount plus 6% interest to the purchaser, to be deposited by 31.12.2016.

S.Sundaresan Vs the Registrar of Co-Operative Societies — Cooperative Societies | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 23RD DAY OF NOVEMBER 2016/2ND AGRAHAYANA, 1938

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WP(C).No. 15240 of 2012 (D)

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PETITIONER(S):

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S.SUNDARESAN, AGED 59 YEARS, S/O. SREEDHARAN, THEKKADATHU PUTHEN VEEDU, PERUMPUZHA, ELAMPALLOOR VILLAGE, KUNDARA, KOLLAM DISTRICT.

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BY ADV. SRI.K.V.ANIL KUMAR

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RESPONDENT(S):

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1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.

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2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR, COLLECTORATE, KOLLAM DISTRICT - 691 013.

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3. THE GENERAL MANAGER, HEAD OFFICE, KOLLAM DISTRICT CO-OPERATIVE BANK LIMITED, KOLLAM - 691 001.

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4. THE SPECIAL SALE OFFICER-III, KOLLAM DISTRICT CO-OPERATIVE BANK LIMITED, KOLLAM DISTRICT - 691 001.

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5. THE SENIOR MANAGER, KOLLAM DISTRICT CO-OPERATIVE BANK LIMITED, EZHUKONE BRANCH, KOLLAM DISTRICT - 691 505.

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ADDITIONAL R6 IMPLEADED

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6. CHANDRALAL K.S., 'KARTHIKA', EZHUKONE (P.O.), KOLLAM DISTRICT-691 505.

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*** ADDL. R6 IMPLEADED AS PER ORDER DTD.26.7.2012 IN IA.10344/2012.**

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R1, R2 & R4 BY GOVERNMENT PLEADER SMT.POOJA SURENDRAN R3 & R5 BY ADV. SRI.T.R.HARIKUMAR, SC R6 BY ADV. SRI.M.V.THAMBAN

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SMT.THARA THAMBAN SRI.B.BIPIN SMT.K.G.SAROJINI SRI.R.REJI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 15240 of 2012 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS: ----------------------EXHIBIT-P1-TRUE COPY OF THE NOTICE DATED 12/04/2012 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P2-TRUE COPY OF THE REPRESENTATION DATED 05/06/2012 EXHIBIT-P3-TRUE COPY OF THE LETTER DATED 11/06/2012 OF THE 4TH RESPONDENT. EXHIBIT-P4-TRUE COPY OF THE CIRCULAR NO. 49/2010 DATED 20/08/2010 ISSUED BY THE IST RESPONDENT. EXHIBIT-P5-TRUE COPY OF THE QUESTION NO. 490 AND ANSWER OF THE KERALA ASSEMBLY MEETING DATED 12/06/2012 EXHIBIT-P6-TRUE COPY OF THE APPLICATION DATED 14/06/2012 BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBIT :

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

A. MUHAMED MUSTAQUE, J.

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W.P(C). No.15240 of 2012

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Dated this the 23^rd day of November, 2016

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JUDGMENT

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The writ petitioner is the judgment debtor. The respondent Bank sold the property belonged to the petitioner in an auction. In auction, the property was purchased by the 6^th respondent on depositing entire auction amount. Challenging the sale, the judgment debtor filed the writ petition in the year 2012.

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Based on an interim order of this Court, the petitioner remitted Rupees Two lakhs with the Bank. The Bank kept the above amount in a suspense account. On deposit of the entire amount by the auction purchaser, the Bank is satisfied with the decree amount.

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The auction purchaser now wants to back out from

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W.P(C). No.15240 of 2012

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the sale. He has no objection in setting aside the sale, provided his amount is returned with reasonable interest. The writ petitioner submits that he is prepared to pay the amount. In that view of the matter, there is no difficulty for setting aside the sale, provided writ petitioner pays the amount along with reasonable interest fixed by this Court. Thus the writ petition is disposed of as under:

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(i) The Bank shall calculate the total amount to be paid to the auction purchaser reckoning 6% interest on the amount deposited by the auction purchaser and shall communicate the amount to the petitioner within two weeks from the date of receipt of a certified copy of this judgment. Thereafter, the writ petitioner shall deposit the amount within 31.12.2016.

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(ii) The amount already lying in the account of the Bank

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shall be given due credit. On payment of the entire amount as above, the Bank shall refund the amount to the auction purchaser.

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(iii) If the directions as above are complied with the

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W.P(C). No.15240 of 2012

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sale in favour of the auction purchaser shall be set aside.

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(iv) If the petitioner fails to comply with the above

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directions, the sale shall be confirmed in favour of the auction purchaser and necessary steps shall be taken in accordance with law to issue a sale certificate.

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A. MUHAMED MUSTAQUE, JUDGE

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sp/24/11/16

S.Sundaresan v. the Registrar of Co-Operative Societies

Case brief

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S.Sundaresan v. the Registrar of Co-Operative Societies

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