WP(C) No.16982/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
WP(C) NO. 16982 OF 2022
PETITIONER:
RAMESH, S/O.KUMARAN, PUTHENPURAKKAL HOUSE, NADAVARAMBU,
IRINJALAKUDA, MUKUNDAPURAM TALUK, THRISSUR DISTRICT - 680 661.
RESPONDENTS:
1. THE KALLAMKUNNU SERVICE SAHAKARANA BANK LTD., (R 314)
P.O.NADAVARAMBU, THRISSUR DISTRICT - 680 661, REPRESENTED BY ITS
SECRETARY.
2. SPECIAL SALE OFFICER NUMBER V, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), IRINJALAKUDA, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT - 680 121.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF
COOPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.
4. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
-695 001.
5.JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION,
AYYANTHOLE, THRISSUR DISTRICT - 680 003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an interim direction restraining the 1st and 2nd
respondents from proceeding against the petitioner for realization of loan
amount mentioned in Exhibit P1 Auction notice, pending disposal of the
writ petition.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 25.05.2022 and upon hearing the arguments of M/S.G.HARIHARAN,
PRAVEEN HARIHARAN, K.S.SMITHA, V.R.SANJEEV KUMAR, ANJALY T.A & AISWARYA
SOMAN, Advocates for the petitioner and of GOVERNMENT PLEADER for R3 to
R5, the court passed the following:
WP(C) No.16982/2022 2/3
T.R. RAVI, J.
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W. P. (C). No. 16982 of 2022
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Dated this the 7th day of July, 2022
ORDER
On 25.05.2022, this Court had passed an interim stay of further proceedings pursuant to Ext.P1 for a period of six weeks on condition that the petitioner pays an amount of ₹8,00,000/- towards the debt within a period of one month. The standing counsel for the respondents submits that the direction has not been complied with and no amount has been paid. A counter affidavit has been filed on behalf of the 1st respondent wherein it is stated that the petitioner has suppressed several material facts as well as the earlier proceedings which had culminated in Ext.R1(a) judgment dated 24.03.2021 relating to ARC No. 1506/2017, wherein also the petitioner herein was the 1st petitioner.
In the above circumstances, the interim order passed on 25.05.2022 stands vacated. Post the writ petition in the usual course.
Sd/-
T.R. RAVI
JUDGE
Pn
07-07-2022 /True Copy/ Assistant Registrar
WP(C) No.16982/2022 3/3
APPENDIX OF WP(C) 16982/2022
Exhibit P1 TRUE COPY OF THE AUCTION NOTICE ISSUED UNDER RULE 81(E)
OF THE KERALA CO-OPERATIVE SOCIETIES RULES DATED 19/04/2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit R1(a) TRUE COPY OF THE JUDGMENT IN WPC NO.7561/2021 DATED 24/3/2021