Ramesh vs The Kallamkunnu Service ...
2022 Latest Caselaw 8766 Ker

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.
                      --------------------------------------------
                             W. P. (C). No. 16982 of 2022
                       --------------------------------------------
                          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