Phoenix Arc Private Limited vs Sub Registrar, Perinthalmanna
2023 Latest Caselaw 3895 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       WP(C) NO. 31382 OF 2022
PETITIONER:

          RAGHUNANDAN
          AGED 64 YEARS
          S/O. KOCHUKUTTAN RAJ, KAUSTHUBAM, FORUS MAPPLE
          APARTMENT NO. A1, MACHINGAL LINE, THRISSUR TOWN,
          THRISSUR-680001.

          BY ADVS.
          BIJU .C. ABRAHAM
          E.VIJIN KARTHIK
          THOMAS C.ABRAHAM



RESPONDENTS:

    1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          OFFICE OF THE REGISTRAR, THIRUVANANTHAPURAM.

    2     THE ASSISTANT REGISTRAR
          (GENERAL) OF CO-OPERATIVE SOCIETIES, THRISSUR.

    3     SPECIAL SALE OFFICER,
          THRISSUR SCB GROUP, O/O. ASSISTANT REGISTRAR (GENERAL)
          OF CO-OPERATIVE SOCIETIES, THRISSUR.

    4     THRISSUR SERVICE CO-OPERATIVE BANK LTD. NO. R-1097,
          THIRUVAMBADI PO, PATTURAIKKAL, THRISSUR - 22.

          BY ADVS.
          A.D.RAVINDRA PRASAD
          ALEX VARGHESE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.31382/2022                        -2-

                                   JUDGMENT

The petitioner has approached this court challenging the proceedings

initiated by the respondent bank under the provisions of the Kerala Co-operative

Societies Act, 1969 and an award obtained determining the amounts payable by the

petitioner. The property of the petitioner was brought to sale, prompting the

petitioner to approach this court by filing the above writ petition. On 30-09-2022,

this court passed the following interim order;

"Admit.

Government Pleader takes notice for respondents 1 and 2. Issue notice by speed post returnable within two weeks to respondents 3 and 4.

There will be an interim stay of confirmation of auction scheduled to be held on 07/10/2022 for a period of six weeks on condition that the petitioner remits a sum of Rs.1 Lakh within one month."

Thereafter when the matter is came up for consideration on 17-11-2022 this court

passed the following order;

"The counsel for the respondent points out that the petitioner had already approached the Kerala Lok Ayukta and an order had been obtained on 30.05.2022 staying sale notices on condition that the petitioner remits a sum of Rs.5 lakh and the balance amounts within a period of three months. It is thereafter that the petitioner has moved this Court by filing this writ petition on 30.09.2022 without stating anything about the order issued by the Lok Ayukta. The counsel for the petitioner to get instructions regarding the above conduct of the petitioner and if the said conduct is true, the counsel shall also submit as to why cost should not be awarded in these proceedings for not having disclosed this fact before the Court.

Post on 28.11.2022."

2. An affidavit has been filed by the petitioner thereafter stating that the

fact that the petitioner had moved before the Lok Ayukta was not brought to the

notice of counsel for the petitioner in this court and expressing regret in not

disclosing the fact before this court. Thereafter on 01-12-2022 this court passed the

following order;

Interim stay is extended for a period of four months on condition that the petitioner remits a sum of Rs.7,50,000/- in three equal monthly intalments of Rs.2,50,000/-.The first instalment falling due on or before 22.12.2022 and the subsequent instalments falling due on or before the 22nd of the succeeding months.

3. When the matter is taken up for consideration today, it is submission of

the learned counsel appearing for the respondent bank that no amounts has been

paid pursuant to the interim order dated 01-12-2022.

4. Having regard to the aforesaid facts and also taking into consideration

of the order dated 17-11-2022, I am of the view that the conduct of the petitioner

does not entitle him to any relief from this court.

The writ petition fails and it is accordingly dismissed.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 31382/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD DATED 28/9/2018 PASSED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE AUCTION NOTICE DATED 23/8/2022 ISSUED BY THE 3RD RESPONDENT UNDER RULE 81 (E).

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 26/9/2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 15/3/2022 ISSUED BY THE ELITE MISSION HOSPITAL, THRISSUR.

RESPONDENT EXHIBITS

Exhibit R4(a) THE TRUE COPY OF THE ORDER OF THE HON'BLE UP LOK AYUKTA DATED 30/05/2022.

Exhibit R4(b) A TRUE COPY OF THE PROPERTY VALUATION REPORT NO.04/05/TSCB DATED 16/05/2022.

PETITIONER EXHIBITS

Exhibit P5 A TRUE COPY OF THE RECEIPT DATED 26/10/2022

Exhibit P6 TRUE COPY OF THE AFFIDAVIT DT. 22/11/2022