David M. D vs Special Sale Officer
2021 Latest Caselaw 15215 Ker

W.P(C).5237/2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
      TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                           WP(C) NO. 5237 OF 2021
PETITIONER/S:

     1       DAVID M. D.
             AGED 42 YEARS
             PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA -
             689 108.




             BY ADVS.
             M.R.SASITH
             SMT.MAHALEKSHMY P.S
             SMT.RAJITHA V.K



RESPONDENT/S:

     1       SPECIAL SALE OFFICER
             THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL
             DEVELOPMENT BANK LTD., THIRUVALLA TALUK,
             PATHANAMTHITTA DISTRICT, PIN - 689 101.

     2       ADDL.R2: THIRUVALLA PRIMARY CO-OPERATIVE
             AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,
             THIRUVALLA TALUK, PATTANAMTHITTA - 689101 REPRESENTED
             BY ITS SECRETARY ADDL.R2 IS IMPLEADED AS PER ORDER
             DATED 20.07.2021 IN IA 1/2021 IN WPC NO. 5237/2021.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).5237/2021
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                             JUDGMENT

Petitioner has approached this Court challenging the sale

proceedings initiated against him for recovery of the loan due from the

petitioner by the second additional respondent. An interim stay was

granted by this Court on 01.03.2021 directing the petitioner to deposit

a sum of Rs.One Lakh on or before 29.03.2021. Petitioner has not

complied with the above condition inspite of the several adjournments

granted.

2. Having considered the entire facts and after hearing the

learned counsel for the petitioner, I find no necessity to issue notice to

the second respondent/bank since that can only cause further delay.

3. I am inclined to dispose of the Writ Petition itself by

directing the petitioner to deposit the above sum of Rs.One Lakh within

a period of one month from today. If the amount is deposited, further

coercive steps shall stand adjourned for a period of three months to

enable the petitioner to deposit the entire arrears in three equal

monthly installments. If the first installment is not paid within the

above period of one month or any of the three monthly installments

thereafter, the entire benefit offered under this judgment will stand lost

and the second respondent will be entitled to recover the entire amount W.P(C).5237/2021

in a lump, by sale of the property.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).5237/2021

APPENDIX OF WP(C) 5237/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE RESPONDENT UNDER RULE 8 OF SECTION 19 TO 25 OF KERALA STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT ACT DATED 05.01.2021.