Susha Reji vs The Kaduthuruthi Urbancooperative ...
2024 Latest Caselaw 32604 Ker

Kerala High Court

Susha Reji vs The Kaduthuruthi Urbancooperative ... on 11 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                            2024:KER:83862

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE D. K. SINGH

 MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                     WP(C) NO. 39604 OF 2024

PETITIONERS:

     1     SUSHA REJI
           AGED 50 YEARS
           WIFE OF REJI K. JOSEPH KARIMUNDAKKAL HOUSE,
           MUTTUCHIRA P.O, KOTTAYM DISTRICT, PIN - 686613

     2     REJI K.JOSEPH
           AGED 50 YEARS
           SON OF JOSEPH KARIMUNDAKKAL HOUSE, MUTTUCHIRA P.O,
           KOTTAYM DISTRICT, PIN - 686613

           BY ADVS.
           C.C.ANOOP
           A.K.RAJESH


RESPONDENTS/RESPONDENTS:

     1     THE KADUTHURUTHI URBANCOOPERATIVE BANK LTD. NO.399
           REPRESENTED BY ITS SECRETARY, HEAD OFFICE,
           KADUTHURUTHI, , KOTTAYAM DISTRICT, PIN - 686604

     2     THE AUTHORISED OFFICER
           THE KADUTHURUTHI URBANCOOPERATIVE BANK LTD. HEAD
           OFFICE, KADUTHURUTHI, KOTTAYAM DISTRICT, PIN -
           686604



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.11.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                                    2024:KER:83748

WP(C) NO.39604 OF 2024

                                         2



                                   JUDGMENT

The present writ petition has been filed impugning Ext.P1 and Ext.P2

Auction Sale notices issued by the 2nd respondent.

2. The first petitioners had availed a loan of Rs.15,91,361/- on 9.9.2014

and the 2nd petitioner had availed a loan of Rs.25,00,000/- on 17.9.2014 from

the 1st respondent bank. The petitioners had mortgaged their property having an

extent of 11. 74 Ares comprised in Sy.No.792/10-1 of Vaikom Taluk, Muttuchira

Village, owned by the petitioners to secure loans. The amount due to the bank

is Rs.1,10,28,407/-. It appears that the petitioners have not paid any amount

after taking the loan amount and they are the willful defaulters. In view of this,

this court finds no justification to grant any indulgence to the petitioners. The

writ petition is dismissed leaving it open to the peittioners to take recourse any

other remedy as may be available to them under the law.

Therefore this writ petition is dismissed.

Sd/-

D. K. SINGH JUDGE Pvv 2024:KER:83748

WP(C) NO.39604 OF 2024

APPENDIX OF WP(C) 39604/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AUCTION SALE NOTICE REF NO. 858/24-2T DATED 8.10.2024 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE AUCTION SALE NOTICE REF NO. 859/24-2T DATED 8.10.2024 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT