Disposed

B.Devaki, v. The Secretary

Madras HC24 Jun 2016WP/21933/2016

Case brief

AI extract

What is this about?

The Court, considering the petitioner's poor financial condition, directed the respondent society to defer the auction of pledged crops pending deposit of a partial sum. The petitioner must pay Rs. 50,000 immediately and the balance in five monthly instalments, upon which the produce will be returned.

What did the court decide?

Auction of pledged produce deferred; petitioner ordered to pay Rs. 50,000 immediately, followed by balance in monthly instalments; produce to be returned upon full payment.

B.Devaki, Vs The Secretary — Contract and Commercial Disputes | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24-06-2016

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CORAM

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THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN

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WRIT PETITION No.21933 of 2016 And WMP Nos.18775 and 18776 of 2016

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B.Devaki ... Petitioner

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Vs.

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The Secretary, S.1236, Primary Agricultural Co-operative Credit Society, Cuddalore Main Road, Vazhapadi-636 115, Salem District. ... Respondent

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Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the public auction notification of the respondent dated 15.6.2016 issued in 'Dina- Thanthi' and quash the proceedings so far it relates to petitioner in Serial No.4 pertaining to Loan No.40 and further direct the respondent to consider one time settlement of loan through monthly instalments by considering representation dated 20.6.2016.

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For Petitioner : Mr.A.Thiyagarajan

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The petitioner, who is an agricultural land owner, has obtained a loan to the tune of Rs.2,55,000/- on 22.12.2014 from the respondent-Society by pledging 1,520 kilograms of Appi-Pakku contained in 19 bags. For non payment of the loan amount, the respondent intended to auction the agriculture produce on 27.6.2016 and the same has been published in the newspaper on 15.6.2016. Therefore, challenging the said publication, the petitioner has come up before this Court.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.A.Thiyagarajan, learned counsel appearing for the petitioner, would submit that the total amount due is only

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Rs.2,55,000/- along with interest and a sum of Rs.30,000/- was also deposited by the petitioner with the respondent on 20.6.2016. He seeks the return of the agriculture produce on payment of Rs.50,000/-, within two weeks and the balance amount will be made in 5 monthly equal instalments.

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Mr.L.P.Shanmughasundaram, learned Special Government Pleader appearing for the respondent would submit that since from 2014, the petitioner has not taken care to pay the loan amount and therefore the respondent was compelled to bring the agriculture produce for auction.

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Taking into consideration, the poor condition of the lady, who is doing agriculture, it is appropriate to direct the petitioner to pay a sum of Rs.50,000/- on or before 27.6.2016, i.e., before the conduct of the auction. On such deposit, the respondent shall defer the auction proceedings. Further, the petitioner is directed to deposit a sum of Rs.50,000/-, within three weeks thereafter and the balance amount is directed to be paid in 5 monthly equal instalments. On such payment of the entire amount, the respondent shall return the agriculture produce, which has been pledged with the respondent by the petitioner.

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With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Svn To The Secretary, S.1236, Primary Agricultural Co-operative Credit Society, Cuddalore Main Road, Vazhapadi-636 115, Salem District. +1cc to Mr.A.Thiyagarajan, Advocate, S.R.No.35480

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W.P.No.21933 of 2016

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SKV(CO) https://hcservices.ecourts.gov.in/hcservices/ CA(05/07/2016)

B.Devaki, v. The Secretary

Case brief

What is this about?

What did the court decide?

B.Devaki, v. The Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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