Kerala High Court
P.K.Ramesh vs Kallamkunnu Service ... on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.7561 OF 2021(U)
PETITIONERS:
1 P.K.RAMESH
AGED 53 YEARS
S/O KUMARAN,
PUTHENPURAKKAL HOUSE, KALLAMKUNNU,
NADAVARAMBU P.O, THRISSUR DISTRICT, PIN-680661.
2 GINI RASMESH,
W/O P.K. RAMESH,
PUTHENPURAKKAL HOUSE, KALLAMKUNNU,
NADAVARAMBU P.O, THRISSUR DISTRICT, PIN-680661.
3 PINKY MANOJ,
W/O MANOJ,
PUTHENPURAKKAL HOUSE, KALLAMKUNNU,
NADAVARAMBU P.O, THRISSUR DISTRICT, PIN-680661.
4 PUSHKALA P.K,
D/O KUMARAN,
PUTHENPURAKKAL HOUSE, KALLAMKUNNU,
NADAVARAMBU P.O, THRISSUR DISTRICT, PIN-680661.
BY ADV. SRI.T.GOPALAKRISHNAN
RESPONDENTS:
1 KALLAMKUNNU SERVICE CO-OPERATIVE BANK LTD.R314
KALLAMKUNNU, NADAVARAMBU P.O, THRISSUR DISTRICT, PIN-
680661.
REPRESENTED BY ITS SECRETARY.
2 THE SPECIAL SALE OFFICER,
NO.V, OFFICE OF THE CO-OPERATIVE ASSISTANT REGISTRAR
(GENERAL), MUKUNDAPURAM, IRINJALAKUDA P.O, THRISSUR
DISTRICT, PIN-680121.
OTHER PRESENT:
SR.GP K.P HARISH
WP(C).No.7561 OF 2021(U)
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7561 OF 2021(U)
3
JUDGMENT
Dated this the 24th day of March 2021
The petitioners had availed huge amount as loan
from the first respondent Co-operative Bank. It seems
that arbitration proceedings were initiated by the bank
which ultimately resulted in award. The liability as on
today comes to around Rs.2,46,00,000/- (Rupees Two
crore forty six lakhs only). The petitioners contends
that they had not been served with a notice in the
award proceedings. The petitioners only seeks a
breathing time for preferring an appeal.
2. Having considered the limited prayer sought
by the petitioners herein, I am inclined to grant
sometime to enable to the petitioners to prefer the
appeal, if they so choose. Accordingly, there will be an
interim stay of coercive steps for a period of one
months till 20.04.2021, on condition that the petitioners
shall deposit a sum of Rs.5,00,000/- (Rupees Five lakhs
only) each in two installments, first installment being on
WP(C).No.7561 OF 2021(U)
20.04.2021. They shall deposit a sum of Rs.5,00,000/-
(Rupees Five lakhs only) on or before 20.04.2021.
Thereupon, the stay will continue till 20.05.2021.
3. If the first installment is not remitted, the
stay will automatically get vacated without any further
order on 20.04.2021 and the authority can proceed with
the sale proceedings on the basis of Ext.P3 to Ext.P6
notice. If the first installment is remitted on
20.04.2021, stay will be extended till 20.05.2021 and
thereafter the stay will not survive. In the meanwhile,
the petitioners shall prefer the appeal. It is made clear
that no extension will be granted for the remittance of
the amount.
If for any reason, sale is conducted today,
confirmation of the sale will stand deferred as above.
The writ petition itself is disposed of.
Sd/-
SUNIL THOMAS
JUDGE
SKP/24-3
WP(C).No.7561 OF 2021(U)
APPENDIX
PETITIONERS'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE STATEMENT GIVEN BY THE 1ST
RESPONDENT DATED 28/03/2015.
EXHIBIT P2 TRUE COPY OF THE STATEMENT DATED 10.03.2021
PREPARED BY THE 1ST PETITIONER.
EXHIBIT P3 TRUE COPY OF THE SALE NOTICE DATED
18.02.2021 SERVED TO THE 1ST PETITIONER.
EXHIBIT P4 TRUE COPY OF THE SALE NOTICE DATED
18.02.2021 SERVED TO THE 2ND PETITIONER.
EXHIBIT P5 TRUE COPY OF THE SALE NOTICE DATED
18.02.2021 SERVED TO THE 3RD PETITIONER.
EXHIBIT P6 TRUE COPY OF THE SALE NOTICE DATED
18.02.2021 SERVED TO THE 4TH PETITIONER.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
15.03.2021.
TRUE COPY
P.A. TO JUDGE
