Azeem.M.N vs Palode Co-Operative Agricultural And ...
2024 Latest Caselaw 29896 Ker

Kerala High Court

Azeem.M.N vs Palode Co-Operative Agricultural And ... on 22 October, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                                                2024:KER:78670
W.P.(C) No.9216/2022
                                :1:

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                       WP(C) NO. 9216 OF 2022

PETITIONER:
         AZEEM M.N.,
         AGED 36 YEARS,
         S/O.ABDUL KHADER,
         C.V.HOUSE, VANCHUVAM,
         CHULLIMANOOR P.O.,
         THIRUVANANTHAPURAM-695 541.

           BY ADVS.
           N.SASI
           T.S.SUMSON


RESPONDENTS:

    1      PALODE CO-OPERATIVE AGRICULTURAL AND RURAL
           DEVELOPMENT BANK LTD T.862,
           PALODE, KARIMANCODE P.O.,
           THIRUVANANTHAPURAM-695 562,
           REPRESENTED BY ITS MANAGER.

    2      THE SPECIAL SALE OFFICER,
           PALODE CO-OPERATIVE AGRICULTURAL AND RURAL
           DEVELOPMENT BANK LIMITED NO.T862, PALODE,
           KARIMANCODE P.O., THIRUVANANTHAPURAM-695562.

           BY ADVS.
           G.P.SHINOD
           GOVIND PADMANAABHAN
           ATUL MATHEWS
           AJIT G ANJARLEKAR

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                   2024:KER:78670
W.P.(C) No.9216/2022
                                :2:




                           JUDGMENT

Dated this the 22nd day of October, 2024

The petitioner, who availed a loan from the

1st respondent-Bank, could not repay the loan amount

promptly. The petitioner's mortgaged property was put to sale

by the Bank. The petitioner thereafter approached this Court

seeking to quash Ext.P1 sale notice.

2. In this writ petition, this Court passed an

interim order on 01.10.2024 directing that confirmation of sale

shall stand deferred for a period of three weeks on condition

that the petitioner shall remit an amount of ₹3 lakhs on or

before 21.10.2024. Standing Counsel representing the Bank

submits that the amount has not been deposited.

3. It is also an admitted position that sale was

conducted on 30.09.2024 and confirmation of sale was

stayed on condition. The petitioner has not adhered to the 2024:KER:78670

condition. In the circumstances, the petitioner is not entitled

to any further discretionary relief from this Court.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH JUDGE SR 2024:KER:78670

APPENDIX OF WP(C) 9216/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE SALE NOTICE DATED 15.02.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.