Mathew P.T vs Special Sale Officer
2021 Latest Caselaw 15373 Ker

W.P(C).4899/2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
      THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                           WP(C) NO. 4899 OF 2021
PETITIONER/S:

             MATHEW P.T
             AGED 62 YEARS
             PALLICKKAL VEEDU, KOTTENKUDI P.O, EZHIMATTOOR,
             MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN -
             689586.

             BY ADV R.SANTHOSH BABU



RESPONDENT/S:

      1      SPECIAL SALE OFFICER
             MALLAPPALLY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
             DEVELOPMENT BANK LTD NO. PT 234, MALLAPPALLY P.O,
             PATHANAMTHITTA DISTRICT, PIN - 689585.

      2      THE SECRETARY
             MALLAPPALLY PRIMARY CO-OPERATIVE AGRICULTURAL RURAL
             DEVELOPMENT BANK LTD NO. PT 234, MALLAPPALLY P.O,
             PATHANAMTHITTA DISTRICT, PIN - 689585.

             BY ADV SRI.VARUGHESE M EASO




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4899/2021
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                              JUDGMENT

Petitioner along with his wife had availed a loan of Rs.three lakhs

from the second respondent/bank for constructing a house. He

committed default and Exts.P1 and P2 notices were issued for the sale

of the property, which was offered as security. Challenging this and

contending that the property is a valuable property, petitioner has

approached this Court.

2. When the matter came up for admission, interim stay was

granted subject to the condition that the petitioner shall deposit a sum

of Rs.75,000/- within a stipulated time to show the bonafides of the

petitioner.

3. Even though few opportunities were granted for remitting

the amount and time was extended from time to time, petitioner has not

complied even now. He contends that, he propose to sell the property,

raise fund and to discharge the liability. He sought a months time to

settle the debt.

4. In the light of the above submission, after hearing the

learned counsel for the petitioner and Adv.Varughese M Easo for the

bank, I am inclined to dispose of the Writ Petition directing that the

petitioner shall comply with the interim order of this Court within a

period of one month from today. If the amount of Rs.75,000/- is remitted W.P(C).4899/2021

with the bank within one month from today, sale will stand adjourned for

a further period of one month. In the meanwhile, bank shall consider

Ext.P3 application and pass appropriate orders. During the interregnum

period, further proceedings pursuant to Exts.P1 and P2 will stand

deferred. However, it is made clear that, if any default is committed in

remitting the above sum of Rs.75,000/- within one month, bank will be

free to proceed with Exts.P1 and P2 and the benefit given to the

petitioner will stand lost, without any further order.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).4899/2021

APPENDIX OF WP(C) 4899/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 15.01.2021 ISSUED BY THE R1 ADDRESSED TO THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE MALAYALA MANORAMA DAILY DATED 23.01.2021 SHOWING THE PUBLICATION OF THE SAID PUBLIC AUCTION SALE NOTICE.

EXHIBIT P3 A TRUE COPY OF THE REQUEST DATED 05.02.2021 ADDRESSED TO R1 BY THE PETITIONER.