Kerala High Court
Haridasan K.B vs Palliyakkal Service Co-Operative Bank ... on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 38405 OF 2023
PETITIONER:
HARIDASAN K.B, AGED 69 YEARS,
S/O BALAKRISHNAN CHETTIAR, HARISHREE,
NORTH PARAVUR. ERNAKULAM DISTRICT, PIN - 683513.
BY ADVS.
DEEPAK JOY.K.
VIDHYA SUGUNAN
SANDHYA RAMAN
ANJANA SANJAY
AJAI JOHN
RESPONDENTS:
1 PALLIYAKKAL SERVICE CO-OPERATIVE BANK (LTD)
NO.2232, REPRESENTED BY ITS SECRETARY,
EZHIKKARA, NORTH PARAVUR,
ERNAKULAM DISTRICT,, PIN - 683513.
2 THE SECRETARY
PALLIYAKKAL SERVICE CO-OPERATIVE BANK (LTD) NO.2232,
EZHIKKARA, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683513.
3 SPECIAL SALE OFFICER
CHENDAMANGALAM SCB GROUP,
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683513.
4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
NORTH PARAUR , ERNAKULAM DISTRICT., PIN - 683513.
5 JOINT REGISTRAR OF CO OPERATIVE - SOCIETIES (GENERAL)
ERNAKULAM, CIVIL LANES , PO KAKKANAD,
KOCHI, PIN - 682030.
6 THE SECRETARY
GOVEMMENT DEPARTMENT O F CO-OPERATION,
JAWAHAR SAHAKARANA BHAVAN, DPI, THYCAUD, P O,
THIRUVANANTHAPURAM ., PIN - 695014.
WP(C) NO. 38405 OF 2023
-2-
7 REGISTRAR OF CO-OPERATIVE SOCIETIES
JAWAHAR SAHAKARANA BHAVAN, DPI, THYCAUD, P O,
THIRUVANANTHAPURAM, PIN - 695014.
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
K.V.SANOSH(K/144/2012)
ANJANA SUGUNAN(K/003577/2022)
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 38405 OF 2023
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JUDGMENT
Even though there are various assertions,
averments and allegations are made and urged in
this Writ Petition, it is clear that, unless
Exts.P7 and P14 Statutory Appeals preferred by
the petitioner - who is stated to be the
guarantor of a loan availed of from the 1 st
respondent Bank - is finally disposed of,
further recovery action against him would become
untenable.
2. Sri.M.M.Monaye - learned Standing
Counsel for the respondent - Bank, in response,
however, submitted that Ext.P7 Appeal is not
maintainable; while, he conceded that Ext.P14
is. He, therefore, submitted that, if this Court
is so inclined, then the 6th respondent - which
is the Statutory Appellate Authority - can be
directed to dispose of Ext.P14 Appeal within a
time frame, after hearing his client also. He
WP(C) NO. 38405 OF 2023
offered that, until such time, further recovery
action against the petitioner would be deferred.
3. Smt.Mable C.Kurian - learned Senior
Government Pleader, in response, submitted that
she is not aware if either Exts.P7 or P14 are
still pending before the 6th respondent. She
added that, if it is so, the said Authority is
willing to consider the same, following due
procedure, not later than four months from now.
Taking note of the afore submissions, this
Writ Petition is ordered with the following
directions:
(a) The 6th respondent is directed to take up
Exts.P7 and P14 and dispose of the same, if they
are still pending after affording necessary
opportunities to both sides; thus culminating in
an appropriate orders and necessary action
thereon, as expeditiously as is possible, but
not later than four months from the date of
WP(C) NO. 38405 OF 2023
receipt of a copy of this judgment.
(b) I, however, clarify that this Court has
not entered into the merits of the contentions
of Sri.M.M.Monaye that Ext.P7 is not
maintainable, and this is also left open to be
decided appropriately by the 6th respondent
during the afore exercise. His opinion on the
same shall also be reflected in the resultant
order.
(c) If, on the contrary, Exts.P7 and P14
have already been disposed of by the 6 th
respondent, then the said Authority shall ensure
that the resultant order is communicated to the
petitioner, as also to the Bank, within a period
of two months from the date of receipt of a copy
of this judgment.
(d) Until such time as either directions
(a) or (c) above are fully complied with, all
further action pursuant to the sale of the
WP(C) NO. 38405 OF 2023
property of the petitioner conducted will stand
deferred; however, clarifying that, depending
upon the decision to be so arrived at, the Bank
will be at liberty to continue further steps
from the stage at which it is available today,
without having to obtain further orders from
this Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 38405 OF 2023
APPENDIX OF WP(C) 38405/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGEMENT IN WPC NO.
15729/2022 DATED 11.10.2022
EXHIBIT P2 TRUE COPY OF THE JUDGEMENT IN CONTEMPT
CASE NO. 750/2023 DATED 30.03.2023
EXHIBIT P3 WRIT PETITION IN WPC 18496/2023 FILED
BY THE PETITIONER CHALLENGING THE SALE
NOTICE WITHOUT DOCUMENTS
EXHIBIT P4 JUDGEMENT IN WPC 18496/2023 DATED
26.07.2023
EXHIBIT P5 PETITION TO SET ASIDE THE SALE
EXHIBIT P6 ORDER DATED 03.10.2023 ISSUED BY THE
4TH RESPONDENT DISMISSING THE PETITION
TO SET ASIDE THE SALE .
EXHIBIT P7 APPEAL MEMORANDUM DATED 30.10.2023
FILED BEFORE THE 7TH RESPONDENT
EXHIBIT P8 E- CHALAN EVIDENCING THE REMITTANCE OF
THE FEE
EXHIBIT P9 STAY PETITION DATED 30.10.2023
EXHIBIT P10 POSTAL RECEIPT EVIDENCING THE ISSUANCE
OF THE APPEAL MEMORANDUM TO THE 7TH
RESPONDENT
EXHIBIT P11 POSTAL TRACK RECEIPT EVIDENCING THE
ACCEPTANCE OF THE APPEAL MEMORANDUM
EXHIBIT P12 ORDER DATED 06.10.2023 PASSED BY THE
5TH RESPONDENT CONFIRMING SALE
WP(C) NO. 38405 OF 2023
EXHIBIT P13 POSTAL COVER EVIDENCING THE DELIVERY
OF THE EXHIBIT P12 ORDER
EXHIBIT P14 APPEAL MEMORANDUM FILED BEFORE THE 6TH
RESPONDENT
EXHIBIT P15 STAY PETITION FILED ALONG WITH THE
APPEAL MEMORANDUM BEFORE THE 6TH
RESPONDENT
EXHIBIT P16 POSTAL RECEIPT EVIDENCING ISSUANCE OF
THE APPEAL MEMORANDUM BY REGISTERED
POST ACKNOWLEDGMENT
EXHIBIT P17 POSTAL TRACK REPORT EVIDENCING THE
ACCEPTANCE OF THE CONSIGNMENT BY THE
OFFICE OF THE 6TH RESPONDENT
EXHIBIT P18 E-CHALAN DATED 30.10.2023 EVIDENCING
THE REMITTANCE OF FEE FOR FILING
APPEAL BEFORE THE 6TH RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE CERTIFICATE OF SALE
GRANTED BY THE REGISTRAR DATED
19.10.2023
