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SANTHOSHKUMAR versus THE GENERAL MANAGER, THRISSUR URBAN

High Court of Kerala

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SANTHOSHKUMAR v. THE GENERAL MANAGER, THRISSUR URBAN - WP(C) No. 19332 of 2006(B) [2006] RD-KL 398 (3 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19332 of 2006(B)

1. SANTHOSHKUMAR, S/O. NARAYANAN,
... Petitioner

2. THANKAPPAN, S/O. NARAYANAN,

Vs

1. THE GENERAL MANAGER, THRISSUR URBAN
... Respondent

2. JOINT REGISTRAR OF CO-OPERATIVE

For Petitioner :SRI.M.K.DILEEP KUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice K.THANKAPPAN

Dated :03/08/2006

O R D E R

K.THANKAPPAN, J.

W.P.(C)NOS.19332 & 19336 OF 2006

Dated this the 3rd day of August, 2006



JUDGMENT

The petitioners in both these Writ Petitions have availed of loans from the Thrissur Urban Co-operative Bank. Since the petitioners could not repay the loan amount as agreed, the Bank took steps to recover the amount by selling the property of the petitioners pledged with the bank. An award was passed against the petitioners in both the Writ Petitions which was challenged before the Co- operative Tribunal by filing O.P.Nos.16817 and 16819 of 2004. This Court as per judgment dated 10.11.2004 disposed of the Original Petition filed by the petitioners in W.P.(C)No.19332 of 2006 with the observation that the petitioners therein may pursue their remedy, if any, under the Kerala Co-operative Societies Act and the Rules. The Original Petition filed by the petitioners in W.P.(C) No.19336 of 2006 was also disposed of by this Court on 28.1.2004 with a direction to the petitioners to move the third respondent therein for the benefit of One Time Settlement Scheme, if execution proceedings are not over. Now, the property of the petitioners is in the ownership of the bank and the petitioners seek a direction not to alienate the property. W.P.(C)NOS.19332 & 19336/06 2

2. Considering the facts and circumstances of the case, this Court is of the view that if the petitioners are willing to pay the loan amount with interest as calculated by the Bank and if the Bank is willing to re-convey the property to the petitioners, the Bank may do so. With the above observation, the Writ Petitions are dismissed.

(K.THANKAPPAN, JUDGE)

sp/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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