Disposed

Shafeena K.N v. Special Sale Officer -I

Kerala HC12 Jul 2022WP(C)/16823/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging a sale notice in a cooperative society loan dispute. It directed the petitioner to clear the loan by 31.10.2022 and directed the bank to provide an account statement. Failure to comply may invite contempt proceedings.

What did the court decide?

Petitioner granted time to clear loan by 31.10.2022; 2nd respondent ordered to issue statement of accounts showing exact amount payable by that date.

Shafeena K.N Vs Special Sale Officer -I — Cooperative Societies | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 12^TH DAY OF JULY 2022 / 21ST ASHADHA, 1944

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WP(C) NO. 16823 OF 2022

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PETITIONER:

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1 SHAFEENA K.N AGED 44 YEARS W/O. BAIJU, KALIKKAR THURUVIL, KALLETTUMKARA, THRISSUR DISTRICT. BY ADVS. S.VINOD BHAT ANAGHA LAKSHMY RAMAN GREESHMA CHANDRIKA.R

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RESPONDENTS:

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1 SPECIAL SALE OFFICER -I OFFICE OF ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CHALAKUDY, PIN - 680307.

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2 KALLETTUMKARA SERVICE CO-OPERATIVE BANK NO. 141, KALLAETTUMKARA, THRISSUR DISTRICT, PIN - 680683, REPRESENTED BY ITS SECRETARY.

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3 STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 6950001. BY ADVS. SRI.RAJEEV, GOVERNMENT PLEADER GEORGE POONTHOTTAM (SR.) NISHA GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16823 OF 2022

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JUDGMENT

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Dated this the 12^th day of July, 2022

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The challenge in this writ petition is against Ext.P6 sale notice. The solitary submission is about the petitioner's present inability to pay, followed by a request for issuing statement of accounts showing the exact amount payable. In compliance of the direction issued, as a condition while granting the interim order, the petitioner has remitted an amount of Rs.1,00,000/-. Learned counsel for the petitioner submitted that the petitioner will settle the loan account by 31.10.2022, and the Bank may be directed to issue statement of accounts showing the exact amount payable.

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Learned Senior Counsel alerted this Court about the limited scope for interference in the proceedings being conducted by a Co-operative Society and submitted that if the petitioner is prepared to abide by the undertaking, the Bank will furnish the statement of accounts to her.

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In view of the above fair submission, the writ

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WP(C) NO. 16823 OF 2022

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petition is disposed of granting the petitioner time upto 31.10.2022 for settling the loan account by paying off the entire amount due. The 2^nd respondent Bank shall issue the petitioner with a copy of the statement of accounts showing the exact amount payable as on 31.10.2022. If the petitioner is entitled for benefit of One Time Settlement of loan waiver schemes prevailing at that point of time, the respondents may extend such benefit also. If the petitioner fails to abide by the undertaking, the respondents will be at liberty to proceed with Ext.P6 sale notice and the petitioner may also be hauled up for contempt.

Sd/-

V.G.ARUN JUDGE

NB/12-7

WP(C) NO. 16823 OF 2022

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		APPENDIX OF WP(C) 16823/2022
PETITION	ER'S	EXHIBITS:
EXHIBIT	P1	COPY OF NOTICE DATED 17.03.2022 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT	P2	COPY OF REPRESENTATION DATED 05.04.2022 GIVEN TO THE HON'BLE CHIEF MINISTER OF KERALA.
EXHIBIT	P3	COPY OF REPRESENTATION DATED 05.04.2022 GIVEN TO THE HON'BLE MINISTER FOR CO-OPERATION.
EXHIBIT	P4	COPY OF NOTE MADE BY THE HON'BLE CHIEF MINISTER OF KERALA.
EXHIBIT	P5	COPY OF LETTER NO. 612/22 DATED 22.04.2022 ISSUED BY 1ST RESPONDENT.
EXHIBIT	P6	COPY OF PROCLAMATION DATED 13.05.2022 ISSUED BY 1ST RESPONDENT.
EXHIBIT	P7	COPY OF LETTER/NOTICE DATED 21.05.2022 ISSUED BY 1ST RESPONDENT.

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RESPONDENTS’ EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Shafeena K.N v. Special Sale Officer -I

Case brief

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Shafeena K.N v. Special Sale Officer -I

Case brief

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