On 30.03.2023, the High Court at Ernakulam dismissed W.P.(C) No. 5705 of 2023. The petitioner, indebted to the 3rd respondent bank, challenged the bank's recovery proceedings under the CARD Act following failure to comply with an interim court order.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 5705 OF 2023
PETITIONER:
JYOTHISH KUMAR AGED 53 YEARS S/O NATARAJAN, CHANIYIL HOUSE, VARANADU P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688543
BY ADV M.RETHEESHKUMAR
RESPONDENTS:
1 THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATION OFFICE OF THE ASSISTANT REGISTRAR, KUPPIKKAVALA ROAD, NEAR COURT COMPLEX CHERTHALA, CHERTHALA TALUK, CHERTHALA P.O., PIN - 688524
2 THE SPECIAL SALE OFFICER THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. A327, OPP. TO COURT COMPLEX CHERTHALA, CHERTHALA P.O., ALAPPUZHA., PIN - 688524
3 THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. A327 OPP. TO COURT COMPLEX CHERTHALA, CHERTHALA P,O., ALAPPUZHA, REPRESENTED BY ITS BRANCH MANAGER, PIN - 688524
BY ADVS. S. P. ARAVINDAKSHAN PILLAY N.SANTHA(S-176) V.VARGHESE(K/514/1996) PETER JOSE CHRISTO(K/1216/2004) S.A.ANAND(K/1216/2006) K.N.REMYA(K/712/2010) L.ANNAPOORNA(K/952/2013) VISHNU V.K.(K/001396/2018) ABHIRAMI K. UDAY(K/001426/2018)
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.5705/2023
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J U D G M E N T
The petitioner has approached this court challenging the proceedings initiated at the instance of the 3rd respondent bank under the provisions of the Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984 (hereinafter referred to as 'the CARD Act' for short) to recover the amounts due from the petitioner. On 20-02-2023 this court passed the following interim order.
“Admit.
Issue notice by speed post to respondents 2 and 3. Notice to the 1st respondent is dispensed with for the time being.
The learned Counsel for the petitioner states that the extent of property brought to sale by Ext.P3 is approximately 90 cents and only a portion of the property needs to be sold to recover the amount due from the petitioner.
Any sale pursuant to Ext.P3 to the extent it applies to the petitioner shall not be confirmed for a period of one month on condition that the petitioner remits an amount of Rs. 1.90 lakhs towards the loan liability within a period of two weeks from today (20-02-2023).
Post after a month.
The writ petition fails and it is accordingly dismissed.
Sd/- GOPINATH P. JUDGE
AMG
W.P (C) No.5705/2023
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APPENDIX OF WP(C) 5705/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DEMAND NOTICE DATED 16-12-2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE PUBLICATION OF SALE NOTICE DATED 1612- 2022 ISSUED U/S. 20 RULE 8 OF THE K.S.C.A.R.D.B. ACT BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE SALE NOTICE DATED 13-01-2023 ISSUED U/S. 20 RULE 8 OF THE K.S.C.A.R.D.B. ACT BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 01-02-2023 GIVEN TO THE 3RD RESPONDENT
1 issue framed by the court
Whether the petitioner has demonstrated any bonafides entitling him to an order from this court under Article 226 in respect of proceedings initiated by the bank under the CARD Act?
2 provisions across 2 enactments
JYOTHISH KUMAR
THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATION OFFICE
THE SPECIAL SALE OFFICER THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
THE CHERTHALA CO-OP. AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
