Narayanan P vs The Assistant Registrar ...
2023 Latest Caselaw 8475 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                        WP(C) NO. 1943 OF 2023
PETITIONER:

            NARAYANAN P,
            AGED 73 YEARS,
            S/O LATE KUNHAMBHU, PACHA HOUSE, KALLASSARI P.O,
            THALIPARAMBA, KANNUR - 670 562.
            BY ADVS.
            JAGAN ABRAHAM M.GEORGE
            JAISON ANTONY
            SEBASTIAN MATHEW
            DOMINIC TONY JOSEPH
            SEMEER M


RESPONDENTS:

    1       THE ASSISTANT REGISTRAR (GENERAL),
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), KANNUR - 670 002.
    2       THE SPECIAL SALE OFFICER,
            OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
            SOCIETIES (GENERAL), KANNUR - 670 002.
    3       THE PAPPINISSERRY CO-OPERATIVE RURAL BANK LTD.(NO.F-
            1321),HEAD OFFICE, PAPPINISSERRY, KALLASSARI P.O,
            KANNUR DISTRICT - 670 562, REPRESENTED BY ITS
            SECRETARY.

            BY ADV LEENA C
            SMT.C.S.SHEEJA, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1943 OF 2023
                                     2

                               JUDGMENT

The petitioner has approached this Court challenging the

proceedings initiated against the petitioner by the 3 rd respondent

under the provisions of the Kerala Co-operative Societies Act, 1969

to recover amounts due under a loan availed by the petitioner.

2. When this matter came up for consideration before this

Court on 19.01.2023, this Court had passed the following interim

order.

"Admit.

Government Pleader takes notice for respondents 1 and 2. Issue notice by speed Post returnable in two weeks to the 3rd respondent.

There will be an interim stay of confirmation of sale for a period of six weeks on condition that the petitioner remits a sum of Rs.5,00,000/- (Rupees Five Lakh only) within one month."

3. Even today, when the matter is taken up for

consideration, it is the submission of the learned counsel appearing

for the 3rd respondent Bank that the petitioner has not complied

with the condition imposed by this Court while granting the interim

order. In matters like this, the only relief that can be granted to the

petitioner is the relief of paying off the liability in instalments. The WP(C) NO. 1943 OF 2023

petitioner has not proved his bonafides by depositing the amount

directed to be paid in terms of the interim order dated 19.01.2023.

In such circumstances, the petitioner is clearly not entitled to any

relief in the present writ petition.

The writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 1943 OF 2023

APPENDIX OF WP(C) 1943/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE AWARD DATED 13-04-2022 IN ARC NO.4681/2021 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR.

Exhibit-P2 TRUE COPY OF THE NOTICE DATED 19-12-

2022 OF THE 1ST RESPONDENT.

Exhibit3 TRUE COPY OF THE PAPER PUBLICATION PUBLISHED ON DATED 05-01-2023 BY THE RESPONDENT.

Exhibit-P4 TRUE COPY OF THE RECEIPTS DATED 31-03-

2017 EVIDENCING PARTIAL REPAYMENT TOWARDS LOAN BY THE PETITIONER.

Exhibit-P5 TRUE COPY OF THE COPY OF THE REPRESENTATION DATED 05/01/2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT