Disposed

Ajith Kumar v. the Secretary, Tanur Service Co-Operative Bank Ltd.

Kerala HC23 Feb 2018OP(C)/525/2018

Case brief

AI extract

What is this about?

Under Article 227, the High Court directed the Sub Court, Tirur, to furnish a certified copy of the delivery order within 3 days and deferred further proceedings in the execution petition for 3 weeks to preserve the subject matter.

What did the court decide?

Direction to furnish certified copy within 3 days; further proceedings in E.P. 65/2015 deferred for 3 weeks.

Ajith Kumar Vs the Secretary, Tanur Service… — Execution and Attachment | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939

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OP(C).No. 525 of 2018

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E.P.65/2015 IN ARC 1378/2005 OF SUB COURT, TIRUR.

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PETITIONER/RESPONDENT:

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AJITH KUMAR, S/O MANGALATH JAYACHANDRAN, AGED 36 YRS, CHIRAKKAL, POST PARIYAPURAM, MALAPPURAM DISTRICT.

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BY ADV.SRI.C.M.MOHAMMED IQUABAL

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RESPONDENT/PETITIONER:

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THE SECRETARY, TANUR SERVICE CO-OPERATIVE BANK LTD, POST TANUR, MALAPPURAM DISTRICT, PIN-676 302.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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OP(C).No. 525 of 2018 (O)

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APPENDIX

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PETITIONERS' EXHIBITS:

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--------------	-------
EXHIBIT P1	THE TRUE COPY OF THE AWARD IN A.R.C 1378/2005 DATED 20-07-2005.
EXHIBIT P2	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TIRUR DATED 17-07-2009.
EXHIBIT P3	THE TRUE COPY OF E.P 65/2015 IN A.R.C 1378/2005 OF THE SUB COURT, TIRUR DATED 31-08-2015.

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RESPONDENTS' EXHIBITS: NIL ---------------------

/TRUE COPY/

P.S.TO JUDGE

mbr/

06.03.2018.

ALEXANDER THOMAS, J.

O.P(C).No.525 Of 2018

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Dated this the 23rd day of February, 2018.

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The prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:

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“a) Issue an order to issue carbon copy of the delivery order dated 30.01.2018 in E.P.No.65/2015 of the Sub Court, Tirur, within a time stipulated by this Hon'ble Court.

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b) Issue an order staying all further proceedings in E.P.65/2015 on the file of the Sub Court, Tirur.

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c) Issue an order declaring that the Execution Court has no authority to deliver the property sold in an execution petition without notice to the petitioner to execute an improper award.”

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Heard Sri.C.M.Mohammed Iquabal, learned counsel for the petitioner/judgment debtor. In the nature of the orders proposed to be passed

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in this petition, notice to the respondent/decree holder will stand dispensed with.

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Sri.C.M.Mohammed Iquabal, learned counsel for the petitioner, submits on the basis of instructions of his party that the limited prayer sought for by the petitioner is for a direction from this Court so as to direct the Execution Court concerned (Sub Court, Tirur), which is dealing with E.P.No.65/2015 to ensure furnishing of the carbon copy of the impugned delivery order dated 30.1.2018 in that E.P so that the petitioner could work out his remedies so as to challenge those proceedings.

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::2::

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O.P(C).No.525 Of 2018

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In the light of the submission made on behalf of the petitioner for grant of certified copy, it is ordered in the interest of justice that in case an application for certified copy of the impugned order in E.P.No.65/2015 in A.R.C.No.1378/2005 on the file of the Sub Court, Tirur, is still pending consideration, then the Execution Court will ensure that certified copy of the same is furnished to the petitioner, without much delay, preferably within a period of 3 days from the date of production of a certified copy of this judgment. Petitioner further submits that this Court may direct keeping in abeyance of further proceedings in Execution Proceedings in order to grant breathing time to the petitioner to take steps to challenge the said order after securing certified copy of the impugned order, etc. In the light of the said submission, it is ordered only for the preservation of the subject matter of the lis, further proceedings in E.P.No.65/2015 in A.R.C.No.1378/2005 will stand deferred for a period of 3 weeks.

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The petitioner will produce a certified copy of this judgment before the court below concerned for necessary information.

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With these observations and directions, the Original Petition (Civil) will stand finally disposed of.

Sd/-

ALEXANDER THOMAS,

Bkn/-

// True copy // P.A. To Judge.

Ajith Kumar v. the Secretary, Tanur Service Co-Operative Bank Ltd.

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Ajith Kumar v. the Secretary, Tanur Service Co-Operative Bank Ltd.

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