Kerala High Court
Sreenivasan P.V vs Adat Farmers Service Co-Op Bank Ltd No. ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12180 OF 2024
PETITIONER:
SREENIVASAN P.V, AGED 54 YEARS,
S/O VELAYUDHAN P.A, PATTATHIL HOUSE,
PURANATTUKARA P.O, THRISSUR, PIN - 680561.
BY ADVS.
S.K.ADHITHYAN
REUBEN CHARLY
RAJESH KUMAR C.
SHAHINA NOUSHAD
RESPONDENTS:
1 ADAT FARMERS SERVICE CO-OP BANK LTD NO. R- 689,
PURANATTUKARA P.O, THRISSUR,
REP BY ITS SECRETARY., PIN - 680561.
2 ARBITRATOR/ SPECIAL SALE OFFICER
ADAT FARMERS SERVICE CO-OP BANK LTD. NO. R- 689,
PURANATTUKARA P.O, THRISSUR DISTRICT,
OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES, SAHAKARANA BHAVAN, AYYANTHOLE,
THRISSUR, PIN - 680003.
BY ADV SRI.P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12180 OF 2024
-2-
JUDGMENT
The petitioner prays that the 2nd respondent be directed to comply with Ext.P4 judgment, while proceeding with further action pursuant to Ext.P5.
2. Sri.S.K.Adhithyan - learned counsel for the petitioner, pointed out that, in Ext.P4, directions have already been issued by the learned Kerala Co-operative Tribunal that the 1 st respondent - Bank, only sell that portion of the property, which is essential for the purpose of recovery of the loan amount, and nothing further. He, however, alleged that Ext.P5 has been flagrantly violated, and that the entire property is being sought to be sold.
3. Sri.P.C.Sasidharan - learned Standing Counsel for the respondents, however, submitted that the afore assertions are not true and that WP(C) NO. 12180 OF 2024 -3- his clients have valued the property, as is required in law. He affirmed that only that portion of the property which is absolutely necessary for the recovery of the total loan account will be sold; but that, going by the valuation now obtained, Ext.P5 is without any error. He added that the total liability in the loan account of the petitioner is nearly Rs.43 lakhs.
4. No doubt, the respondents cannot act contrary to Ext.P4 judgment; but if any action is to be taken in violation of the same, then it is for the petitioner to invoke other appropriate remedies, including by preferring objection before the competent Authorities. He could not have approached this Court in this manner, without having done so.
In the afore circumstances, reserving every other liberty open to the petitioner and WP(C) NO. 12180 OF 2024 -4- recording the afore submissions of Sri.P.C.Sasidharan, I close this Writ Petition without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 12180 OF 2024 -5- APPENDIX OF WP(C) 12180/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AWARD ISSUED IN ARC NO. 200/2018 BY THE ARBITRATOR DATED 20.03.2018 EXHIBIT P2 TRUE COPY OF THE ORDER IN IA NO.
106/2023 IN APPEAL NO. 53/2023 DATED 21.02.2023 EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 1 ST RESPONDENT TO THE PETITIONER DATED 20.04.2023 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN APPEAL NO. 53/2023 DATED 31.07.2023 BY THE KERALA COOPERATIVE TRIBUNAL EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE 2 ND RESPONDENT DATED 26/2/2024