Writ petition filed under Article 226 seeking quashing of auction notice and restrain from further proceedings in a bank loan recovery matter. Petitioner failed to pay the remitted amount under interim stay order before the sale date.
None. Writ petition dismissed; auction notice and proceedings remain operative.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 11TH DAY OF DECEMBER 2017/20TH AGRAHAYANA, 1939
WP(C).No. 20385 of 2017 (W)
PETITIONER(S) :
PRADEEP.S, S/O. SUNNY, SANTHA BHAVAN, MAVARATHALA, KARINGAL, KANDALA POST, THIRUVANANTHAPURAM.
BY ADV. SRI.B.KRISHNA MANI
RESPONDENT(S) :
1. THE SPECIAL SALE OFFICER, KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO. T-2037, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT- 695 571.
2. THE BRANCH MANAGER, NEYYATTINKARA CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD. NO.T-417, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT- 695 501.
3. KATTAKADA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD . NO.T.2037, REPRESENTED BY ITS SECRETARY-IN-CHARGE, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM-695 571.
ADDL.R3 BY ADVS. SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 20385 of 2017 (W)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE PASS BOOK OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 03.05.2017 ISSUED BY THE FIRST RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
ANIL K. NARENDRAN, J.
W.P(C) No.20385 of 2017
Dated this the 11th day of December, 2017
J U D G M E N T
The petitioner, who availed a loan for 3 lakhs from the₹ respondent Bank towards house maintenance, in the year 2011, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 auction notice dated 3.5.2017 issued by the 1st respondent and seeking a writ of mandamus commanding the respondents not to proceed further with Ext.P2 in any manner. The petitioner has also sought for other consequential reliefs.
W.P(C) No.20385 of 2017
:-2-:
W.P(C) No.20385 of 2017 :-3-:
petitioner to remit the entire dues in respect of the loan account in monthly instalments.
order of stay, the petitioner failed to make any payment before the date of sale in Ext.P2 auction notice i.e., 21.6.2017. The petitioner has also not chosen to file an application seeking extension of time for remitting the aforesaid amount. The petitioner, who showed scant regard to the conditional order passed by this Court dated 20.6.2017, who has not even paid a single instalment after availing loan from the 3rd respondent Bank in the year 2011, is not entitled to seek any further indulgence from this Court.
In the result, this writ petition fails and the same is accordingly dismissed.
Sd/- ANIL K. NARENDRAN JUDGE
//True Copy//
P.A to Judge
ab
3 issues framed by the court
Whether the writ petitioner is entitled to further indulgence when failing to comply with the conditional stay order and not remitting any dues.
Whether the auction notice should be quashed or proceedings continued in light of the petitioner's failure to pay dues or seek extension.
Whether the conditional stay order remains operative when the petitioner neglects to pay the specified amount on time.
1 provisions across 1 enactments
Pradeep.S
The Special Sale Officer, Kattakada Primary Co-Operative Agricultural Rural Development Bank Ltd.
The Branch Manager, Neyyattinkara Co-Operative Agricultural Rural Development Bank Ltd.
Kattakada Primary Co-Operative Agricultural and Rural Development Bank Ltd.
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
