Kerala High Court
Jose A.T vs Anapanthy Service State ... on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
WP(C) NO. 13234 OF 2023
PETITIONER:
JOSE A.T
AGED 60 YEARS
S/O LATE JOSEPH ANIYARAYIL HOUSE, ANAPANTHY, IRITTY,
KANNUR DISTRICT, PIN - 670706
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
ANTONY THOMAS
NAVJYOTH S.
ANJU R S.
RESPONDENTS:
1 ANAPANTHY SERVICE STATE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS SECRETARY ANGADIKADAVU,
KURISHUPALLI, KANNUR DISTRICT,, PIN - 670706
2 SPECIAL SALE OFFICER
ANAPANTHY SERVICE CO-OPERATIVE BANK O/O ASSISTANT
REGISTRAR GENERAL, IRITTY, KANNUR DISTRICT, PIN -
670706
BY ADVS.
M.B.SHYNI
RAJESH KUMAR R.(K/112/2013)
V.R.ANILKUMAR(K/001161/2020)
ERFANA PARAMBADAN(K/281/2020)
SARAFUDHEEN T.(K/801/2022)
RAMEES P.K.(K/000077/2020)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.13234/2023 2
JUDGMENT
The petitioner has approached this Court challenging the recovery
proceedings initiated by the respondent bank for recovery of amounts due
from the petitioner. On default being committed by the petitioner,
proceedings were initiated under the provisions of the Kerala Co-operative
Societies Act, 1969 and an award was obtained determining the amounts
payable by the petitioner. The petitioner had approached this Court seeking
the following reliefs:-
"i) To call for the entire records pursuant to the Exhibit P10, Exhibit
P11 and and Exhibit P12 notices and issue a writ of certiorari by quashing
the same.
ii) Issue a writ of mandamus or any other writ, order or direction,
directing the respondents to permit the petitioner to pay the overdue
amount in 25 equal month installments towards the loan availed by the
petitioner.
iii) Issue any other writ, order or direction as this Hon'ble Court
deems fit in the circumstances of the case.
iv) To dispense with the production of English translation of
Malayalam Exhibits produced along with the Writ Petition in the interest
of justice."
2. When this matter came up for admission on 12.4.2023, this Court
passed the following interim order:-
"Admit. Issue notice by speed post to the respondents.
The learned counsel for the petitioner submits that the sale which was
scheduled on 31.3.2023 in respect of the property of the petitioner did not
take place.
Taking into consideration of the submission of the learned counsel for the
petitioner, there will be an interim order as prayed for, for a period of
three months on condition that the petitioner remits an amount of Rs.4
lakhs towards the loan liabilities within a period of one month from
today."
3. When this matter is taken up for consideration today (14.7.2023),
the learned counsel appearing for the respondent bank submits that no
amount has been remitted by the petitioner pursuant to the interim order
dated 12.4.2023.
4. Having heard the learned counsel for the petitioner and the
learned counsel appearing for the respondent bank, I am of the opinion that
the only relief that can be granted to the petitioner in this writ petition is to
permit the petitioner to clear the liability in some instalments. The petitioner
having failed to prove bona fides by remitting the amount imposed as a
condition for granting the interim order is not entitled to any relief in this writ
petition. The writ petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 13234/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ARBITRAL AWARD, DISPUTE
NO.126/2021 ISSUED BY THE ARBITRATOR, TO THE
PETITIONER HEREIN ON 29.06.2022
Exhibit P2 TRUE COPY OF THE ARBITRAL AWARD DISPUTE
NO.127/2021 DATED 29.06.2022 ISSUED BY THE
ARBITRATOR, TO THE PETITIONER HEREIN ON
29.06.2022
Exhibit P3 TRUE COPY OF THE ARBITRAL AWARD DISPUTE
NO.117/2021 ISSUED BY THE ARBITRATOR, TO THE
PETITIONER HEREIN ON 29.06.2022
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED IN E.P.
NO.407/2022 IN ARC NO.127/21 DATED 17.10.2022
Exhibit P5 TRUE COPY OF THE NOTICE IN E.P NO.405 IN ARC
NO.117/21, ISSUED BY THE 2ND RESPONDENT DATED
17.10.2022
Exhibit P6 TRUE COPY OF THE NOTICE IN E.P NO.406/22 IN
ARC NO. 126/21 ISSUED BY THE 2ND RESPONDENT
DATED 17.10.2022
Exhibit P7 TRUE COPY OF THE DEMAND NOTICE IN E.P NO.
406/2022 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 07.12.2022
Exhibit P8 TRUE COPY OF THE DEMAND NOTICE IN E.P NO.
407/22, ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 07.12.2022
Exhibit P9 TRUE COPY OF THE DEMAND NOTICE NO. EP
401/2022 ISSUED BY THE 2ND RESPONDENT, TO THE
PETITIONER DATED 07.12.2022
Exhibit P10 TRUE COPY OF THE REVENUE RECOVERY NOTICE CEP
NO. 405/2022 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER DATED 07.01.2023
Exhibit P11 TRUE COPY OF THE REVENUE RECOVERY NOTICE IN
CEP NO.406/22 DATED 07-01-2023
Exhibit P12 TRUE COPY OF THE REVENUE RECOVERY NOTICE IN
CEP NO.407/22, ISSUED TO THE PETITIONER BY
THE 2ND RESPONDENT DATED 07.01.2021
Exhibit P13 TRUE COPY OF THE NOTICE NO. STCCGH.521 DATED
09.03.2023
Exhibit P14 TRUE COPY OF THE NOTICE NO. STCCGH. 522
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER DATED 09.03.2023
Exhibit P15 TRUE COPY OF THE NOTICE NO. KCC.GH. 287 DATED
09.03.2023 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
