Kerala High Court
Abdul Salam vs Nattika Firka Co-Operative Rural Bank ... on 21 August, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:63466
W.P.(C)No. 26 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
WP(C) NO. 26 OF 2025
PETITIONER:
ABDUL SALAM,
AGED 60 YEARS,
S/O.MUHAMMED, RAYAM MARAKKAR HOUSE,
KAITHAKKAL, THALIKKULAM P.O.,
THRISSUR, PIN - 680569
BY ADV
SRI.P.SIVARAJ
RESPONDENTS:
1 NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD
NO.F1251,
VALAPPAD P.O, THRISSUR REPRESENTED BY ITS
SECRETARY, PIN - 680567
2 THE SECRETARY,
NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD
NO.F1251, VALAPPAD P.O., THRISSUR, PIN - 680567
3 SPECIAL SALE OFFICER,
NATTIKA FIRKA CO-OPERATIVE RURAL BANK LTD
NO.F1251, O/O ASSISTANT REGISTRAR (G) OF CO-
OPERATIVE SOCIETIES, VALAPPAD P.O, CHAVAKKAD,
THRISSUR, PIN - 680567
*ADDL.R4 SHAMSUDEEN , AGED 67 YEARS,
S/O.AMMU, ARAVASSERY HOUSE, THALIKULAM P.O.,
THRISSUR DISTRICT, PIN - 680569
*ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
20.02.2025 IN IA 1/2025 IN WP(C)26/2025
2025:KER:63466
W.P.(C)No. 26 of 2025
2
BY ADVS.
SHRI.M.SASINDRAN
SRI.SAIJO HASSAN
SHRI.BAPPU GALIB SALAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No. 26 of 2025
3
K.BABU, J.
-------------------------------------------
W.P.(C) No.26 of 2025
---------------------------------------------
Dated this the 21st day of August, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of
the Constitution of India are as follows:-
"To issue a writ of certiorari or any other appropriate
writ, order or direction, calling for the records leading to
Exhibit-P3 and quash the same with all further
proceedings thereto;
ii) To issue a writ of mandamus or any other appropriate
writ, order or direction commanding and compelling the
respondents grant sufficient time to the petitioner to pay
the award anounts as per Exhibit-P 1 with interest
thereof;
iii) Issue such other writ, order or direction, as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
iv) To dispense with filing of the translation of vernacular
documents. "
2. The petitioner availed an overdraft facility from
respondent No.1 - Bank for Rs.5,00,000/- (Rupees Five Lakhs
only). He committed default in repaying the amount due to the
Bank. The Bank filed ARC No.663/2022 before the Arbitrator and
obtained an award for realisation of a sum of Rs.10,87,557/- with
accrued interests.
3. The award was executed. Five cents out of the
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mortgaged property was sold in public auction. Additional
respondent No.4 purchased the property in the public auction.
4. The learned counsel for the petitioner
submitted that the petitioner is prepared to pay the purchase
money together with 5% of the purchase money and other
charges to the auction purchaser.
5. The learned counsel for additional respondent
No.4 submits that, if the petitioner pays the amount as
mentioned above, he is amenable to withdraw from sale.
6. The learned counsel for the petitioner seeks
one month's time to settle the matter by paying the amount as
mentioned above to the auction purchaser - additional
respondent No.4.
7. The learned counsel for the Bank submitted
that the Bank is also agreeable to the suggestion made on behalf
of the petitioner for arriving at a settlement. Hence, the Writ
Petition is disposed of as below:-
(i) The petitioner shall deposit the purchase
money together with a sum equal to 5% of the
purchase money along with charges as provided in
Rule 82 of the Kerala Co-operative Societies Rules,
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1969 before the Competent Registrar within one
month from the date of receipt of a certified copy
of this judgment.
(ii) If the petitioner deposits the amount as
mentioned above and makes an application to set
aside the sale, the Competent Registrar shall pass
orders in accordance with law, after hearing the
parties irrespective of the time limit prescribed in
sub-rule (2) of Rule 82 of the Rules.
(iii) If the petitioner fails to make the payment
as directed, the Competent Authority is at liberty
to proceed further in accordance with law.
(iv) The coercive proceedings against the
petitioner shall stand deferred for a period of one
month to facilitate payment as mentioned above.
Sd/-
K.BABU
JUDGE
VPK
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APPENDIX OF WP(C) 26/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD DATED
01.03.2024 IN ARC NO.663/2022 OF THE
ARBITRATOR I
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED
19.07.2024 SENT TO THE ASSISTANT
REGISTRAR (GENERAL), CHAVAKKAD BY THE
JOINT REGISTRAR, THRISSUR
Exhibit P3 A TRUE COPY OF THE AUCTION NOTICE DATED
08.11.2024 ISSUED BY THE 3RD RESPONDENT
