Kerala High Court
Babu.V vs Senior Inspector/ Special Sale Officer on 4 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 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 11900 OF 2024
PETITIONER:
BABU.V
AGED 63 YEARS, SON OF LATE CHANDU.V,
DEVIKRIPA, ATHIYAMBOOR, KANHANGAD.P.O,
KASARAGOD DISTRICT., PIN - 671315
BY ADVS.
A.ARUNKUMAR
S.SHYAM KUMAR
SACHIN GEORGE ARAMBAN
RESPONDENTS:
1 SENIOR INSPECTOR/ SPECIAL SALE OFFICER
THE KASARAGOD PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK
LTD NO.FF113, NAYAKS ROAD, THAYALANGADI,
KASARAGOD, KASARAGOD DISTRICT - 671123
2 THE KASARAGOD PRIMARY CO-OPERATIVE
AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
REPRESENTED BY ITS BRANCH MANAGER, KUNDAMKUZHY
BRANCH, KUNDAMKUZHY.P.O, KASARAGOD TALUK,
KASARAGOD DISTRICT-, PIN - 671541
BY ADV.
SRI.PUSHPARAJAN KODOTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.11900 of 2024
:2:
JUDGMENT
When this matter was called today, Sri.Pushparajan Kodoth
- learned Standing Counsel for the respondent Bank, submitted
that the property of the petitioner had already been sold in
auction, purchased by his client, for which, 5% commission has
also been paid. He nevertheless added that, if the petitioner is
still willing to pay off the entire liability, which is to a sum of
Rs.47,09,297/- as on 26.02.2024, in not more than 15 equal
monthly installments, the sale can be set aside and the property
can be returned back to the petitioner, because the sale has not
yet been confirmed. He, however, prayed that if the petitioner
should refuse or default payment as afore, then the Bank may be
allowed to confirm the sale and take further necessary action
against the property.
2. Sri.Arunkumar A.- learned counsel for the petitioner,
fully agreed to the afore and prayed that this Writ Petition be
thus ordered.
In the afore circumstances, I allow this Writ Petition,
granting liberty to the petitioner to pay the total outstanding
amount, namely, Rs.47,09,297/- as on 26.02.2024, with all
applicable charges and interest, in 15 equal monthly
installments commencing from 15.05.2024. If this is done, the
Bank shall close the Loan account and return back the title and
security documents to him, on proper receipt.
Needless to say, as long as the petitioner pays as per the
above directions, all further action pursuant to Ext.P4 will stand
deferred; but if he defaults payment of any two consecutive
installments as ordered above, the Bank will be at full liberty to
confirm the sale of the property in their favour, returning the
amounts paid by the petitioner in terms of this judgment,
without having to obtain any further orders from this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 11900/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE NOTICE DATED 26-
07-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 12-01-
2024 IN WP(C).NO.29449 OF 2023
Exhibit P3 A TRUE COPY OF THE AUCTION NOTICE DATED
12-01-2024 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 A TRUE COPY OF THE SALE INTIMATION NOTICE
DATED 26-02-2024 ISSUED BY THE 1ST
RESPONDENT
RESPONDENTS' EXHIBITS : NIL.
