Kerala High Court
WP(C)/30861/2012 of E.T.MUKESH DAS Vs KERLA STATE CO-OPERATIVE BANK LTD. on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 30861 of 2012 (G) --------------------------- PETITIONER(S): ------------- 1. E.T.MUKESH DAS, S/O.E.N.THULASIDAS, ELANJICKAL HOUSE, MANGARAM MURI,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 30861 of 2012 (G) --------------------------- PETITIONER(S):-------------
1. E.T.MUKESH DAS, S/O.E.N.THULASIDAS, ELANJICKAL HOUSE, MANGARAM MURI, KONNI, KOZHENCHERRY TALUK, PATHANAMTHITA.
2. P.RADHAMONY, W/O.E.N.THULASIDAS, ELANJICKAL HOUSE, MANGARAM MURI,KONNI, KOZHENCHERRY TALUK, PATHANAMTHITA.
BY ADVS.SRI.JOHN BRITTO SRI.C.A.RAJEEV
RESPONDENT(S):--------------
1. KERLA STATE CO-OPERATIVE BANK LTD., PATHANAMTHITTA BRANCH, VILAVINAL RAJ TOWERS, COLLEGE ROAD, PATHANAMTHITTA. REPESENTED BY ITS BRANCH MANAGER.
2. THE AUTHORISED OFFICER-II & SENIOR MANAGER, KERLA STATE CO-OPERATIVE BANK LTD, REGIONAL OFFICE, OVER BRIDGE JUNCTION, TRIVANDRUM-695 001.3. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE, OVER BRIDGE JUNCTION, TRIVANDRUM-695 001.
R1 TO R3 BY ADV. SRI.K.RAVIKUMAR, SC, KERALA STATE
COOPERATIVE BANK LTD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF SALE NOTICE DATED NIL OF THE 2ND RESPONDENT.
EXT.P2: COPY OF ORDER DATED 11-10-1228 OF THE CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA IN M.C. 144/12. PATHANAMTHITTA IN M.C. 144/12.
EXT.P3: COPY OF THE NOTICE DATED 8-11-12 ADVOCATE COMMISSION.
EXT.P4: COPY OF REPRESENTATION DATED 21-11-12 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT.
EXT.P5: COPY OF REPLY DATED 29-11-12 OF THE 3RD RESPONDENT.
EXT.P6: COPY OF ABSTRACT OF VALUATION REPORT DATED 7-7-99.
RESPONDENTS' EXHIBITS -NIL
//TRUE COPY//
P.A TO JUDGE
ANTONY DOMINIC, J.
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W.P.(C) NO. 30861 OF 2012
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Dated this the 31[st] day of December, 2012
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J U D G M E N T
Heard the learned counsel for the petitioners and thelearned standing counsel appearing for the respondents.
2. Petitioners are defaulters to the respondent Bank. Assecurity for the liability, they have mortgaged 6 items ofproperties. According to the petitioners, if one item of theproperty having an extent of 1 acre comprised in RS No.440/8-2of Valakom Village alone is sold, they will be able to liquidate theentire liability. Therefore, they submitted Ext.P4 requesting forpermission of the Bank for sale of the said property by a privatesale. Bank declined the request by Ext.P5. It is therefore this writpetition has been filed.
3. Instructions obtained by the learned standing counselfor the Bank is to the effect that the aforesaid 1 acre comprised inRS No.440/8-2 has already been sold by the Bank in the SARFAESIproceedings and the sale proceedings have been kept in a sundrydeposit.
4. Now that this fact has been disclosed by the learned counsel for the Bank, there is no question of this Court directingthe Bank to permit the petitioners to dispose of the aforesaidproperty by a private sale. On the other hand, if the petitionershave any grievance against the sale that is conducted by theBank, it is for them to work out the remedies before theappropriate forum.
Writ petition is disposed of as above.
Sd/-
Rp
ANTONY DOMINIC, JUDGE
//True Copy//
PA to Judge