Kerala High Court
Sreenivasan P.V vs Adat Farmers Service Co-Op Bank Ltd No. ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12180 OF 2024
PETITIONER:
SREENIVASAN P.V, AGED 54 YEARS,
S/O VELAYUDHAN P.A, PATTATHIL HOUSE,
PURANATTUKARA P.O, THRISSUR, PIN - 680561.
BY ADVS.
S.K.ADHITHYAN
REUBEN CHARLY
RAJESH KUMAR C.
SHAHINA NOUSHAD
RESPONDENTS:
1 ADAT FARMERS SERVICE CO-OP BANK LTD NO. R- 689,
PURANATTUKARA P.O, THRISSUR,
REP BY ITS SECRETARY., PIN - 680561.
2 ARBITRATOR/ SPECIAL SALE OFFICER
ADAT FARMERS SERVICE CO-OP BANK LTD. NO. R- 689,
PURANATTUKARA P.O, THRISSUR DISTRICT,
OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
SOCIETIES, SAHAKARANA BHAVAN, AYYANTHOLE,
THRISSUR, PIN - 680003.
BY ADV SRI.P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12180 OF 2024
-2-
JUDGMENT
The petitioner prays that the 2nd respondent
be directed to comply with Ext.P4 judgment,
while proceeding with further action pursuant to
Ext.P5.
2. Sri.S.K.Adhithyan - learned counsel for
the petitioner, pointed out that, in Ext.P4,
directions have already been issued by the
learned Kerala Co-operative Tribunal that the 1 st
respondent - Bank, only sell that portion of the
property, which is essential for the purpose of
recovery of the loan amount, and nothing
further. He, however, alleged that Ext.P5 has
been flagrantly violated, and that the entire
property is being sought to be sold.
3. Sri.P.C.Sasidharan - learned Standing
Counsel for the respondents, however, submitted
that the afore assertions are not true and that
WP(C) NO. 12180 OF 2024
his clients have valued the property, as is
required in law. He affirmed that only that
portion of the property which is absolutely
necessary for the recovery of the total loan
account will be sold; but that, going by the
valuation now obtained, Ext.P5 is without any
error. He added that the total liability in the
loan account of the petitioner is nearly Rs.43
lakhs.
4. No doubt, the respondents cannot act
contrary to Ext.P4 judgment; but if any action
is to be taken in violation of the same, then it
is for the petitioner to invoke other
appropriate remedies, including by preferring
objection before the competent Authorities. He
could not have approached this Court in this
manner, without having done so.
In the afore circumstances, reserving every
other liberty open to the petitioner and
WP(C) NO. 12180 OF 2024
recording the afore submissions of
Sri.P.C.Sasidharan, I close this Writ Petition
without any further orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 12180 OF 2024
APPENDIX OF WP(C) 12180/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AWARD ISSUED IN ARC
NO. 200/2018 BY THE ARBITRATOR DATED
20.03.2018
EXHIBIT P2 TRUE COPY OF THE ORDER IN IA NO.
106/2023 IN APPEAL NO. 53/2023 DATED
21.02.2023
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE
1 ST RESPONDENT TO THE PETITIONER
DATED 20.04.2023
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN APPEAL
NO. 53/2023 DATED 31.07.2023 BY THE
KERALA COOPERATIVE TRIBUNAL
EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED BY THE
2 ND RESPONDENT DATED 26/2/2024
