Dismissed

Noble George v. the Special Sale Officer, Malanad Co-Operative Agricultural & Rural Development Bank Ltd.

Kerala HC29 Nov 2018WP(C)/8714/2018

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging a sale and auction notice issued by a cooperative bank. The court allowed repayment of dues in ten monthly instalments and stayed recovery proceedings contingent on timely payments.

What did the court decide?

Petitioners directed to pay overdues of Rs.9,19,888/- plus interest in ten equal monthly instalments commencing 18.12.2018; all recovery proceedings stayed if instalments remitted timeously; coercive

Noble George Vs the Special Sale Officer, Malanad… — Banking and Recovery | 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 ANIL K.NARENDRAN

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THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940

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WP(C).No. 8714 of 2018

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PETITIONER/S:

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1 NOBLE GEORGE AGED 59 YEARS

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S/O.GEORGE, MADICKANKAL HOUSE,MANJAPARA P.O., NEDUMKANDAM, IDUKKI DISTRICT - 686 582.

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2 VALSAMMA

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W/O.NOBLE GEORGE,MADICKANKAL HOUSE,MANJAPARA P.O.,NEDUMKANDAM, IDUKKI DISTRICT - 686 582.

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BY ADVS. SRI.JOMY GEORGE SMT.A.MINI JOSEPH SRI.DEEPAK MOHAN

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RESPONDENT/S:

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1 THE SPECIAL SALE OFFICER, MALANAD CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO.352, NEDUMKANDAM,IDUKKI DISTRICT - 685 553.

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2 MALANAD CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK LTD.NO.352,NEDUMKANDAM, IDUKKI DISTRICT,REPRESENTED BY IT'S MANAGER - 685 553.

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BY ADVS. SRI.S.DILEEP (KALLAR)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8714 of 2018

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JUDGMENT

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The petitioners, who availed a loan for Rs.12,90,000/- from the 2^nd respondent Bank in the year 2015 by mortgaging their property having an extent of 2.34 acres in survey Nos.326/3 and 327/3

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in Kalkoonthal Village, Udumbanchola Taluk, have

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filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 sale notice dated 08.02.2018 to the extent it relates to their property (Sl.No.17 in Ext.P1) and Ext.P2 auction notice dated 14.02.2018 (Sl.No.40), issued by the 1^st respondent. The petitioners have also sought for a writ of mandamus commanding the respondents to permit them to discharge the liability covered by Exts.P1 and P2 in monthly instalments and to

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defer recovery proceedings pursuant to the same till then.

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On 14.03.2018, when this writ petition came

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up for admission, this Court issued urgent notice

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WP(C).No. 8714 of 2018

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on admission by speed post to respondents 1 and 2.

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This Court granted an interim stay of auction of the petitioners' property pursuant to Ext.P2, on condition of remitting an amount of Rs.1,00,000/-

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within one week.

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On 12.09.2018, when this writ petition came

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up for consideration, the learned counsel for the 2^nd respondent, on instructions, submitted that the petitioners have remitted a sum of Rs.1,00,000/-

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in terms of the order of this Court dated

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14.03.2018 and the balance liability as on

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05.12.2017 comes to Rs.16,86,000/-. The learned

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counsel for the petitioners sought time to get

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instructions and the matter was posted to 19.09.2018.

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On 19.09.2018, when the matter was taken up

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for consideration, the learned counsel for the

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petitioners submitted that the petitioners are

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from a flood affected area.

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On 08.10.2018, this Court allowed I.A.No.2

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WP(C).No. 8714 of 2018

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of 2018 filed by the petitioners seeking an order

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to accept Exts.P3 and P4 as additional documents.

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The petitioners have also filed I.A.No.1 of 2018 seeking an order directing the respondents to take immediate action on Ext.P4 representation dated

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03.10.2018 and to give them the benefit of the

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schemes announced for the flood affected areas

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and not to take any coercive steps, till a

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decision is taken on Ext.P4.

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petitioners and also the learned counsel for the 2^nd respondent Bank. Despite service of notice,

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none appears for the 1^st respondent Special Sale Officer.

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The learned counsel for the 2^nd respondent

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Bank, on instructions, would submit that the

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overdues as on today comes to Rs.9,19,888/- and if the petitioners are prepared to pay off the entire

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overdues, together with future interest, in ten

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equal monthly instalments, along with regular

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WP(C).No. 8714 of 2018

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monthly instalments, the 2^nd respondent has no

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objection in regularising the loan account.

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The learned counsel for the petitioners

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would submit that the petitioners shall pay off

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the entire dues as above, within the aforesaid period.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions:

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i) The petitioners shall pay off the entire

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overdues in respect of the loan account in question, amounting to Rs.9,19,888/-, together with future interest from this date, in ten equal monthly instalments commencing from 18.12.2018, and the subsequent instalments payable on or before the 18^th day of the succeeding months. Along with the said instalments,

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the petitioners shall also remit the regular monthly instalments.

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WP(C).No. 8714 of 2018

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ii) If the petitioners are remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to Exts.P1 & P2 shall be kept in abeyance, so as to enable them to pay off the entire dues as above. iii) In case of any default committed by the petitioners in remitting any one of the aforesaid instalments, it would be open to the respondents to proceed further with the coercive steps, in accordance with law.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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AV/1/12

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WP(C).No. 8714 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PAPER PUBLICATION DATED 8/2/2018 MADE BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE FOR THE AUCTION SALE PUBLISHED BY THE 1ST RESPONDENT DATED 14/2/2018.

Noble George v. the Special Sale Officer, Malanad Co-Operative Agricultural & Rural Development Bank Ltd.

Case brief

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Noble George v. the Special Sale Officer, Malanad Co-Operative Agricultural & Rural Development Bank Ltd.

Case brief

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