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ABDUL RASHEED, S/O. MUHAMMED versus THE ERNAD PRIMARY CO

High Court of Kerala

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ABDUL RASHEED, S/O. MUHAMMED v. THE ERNAD PRIMARY CO-OPERATIVE - WP(C) No. 3551 of 2007(W) [2007] RD-KL 2449 (2 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3551 of 2007(W)

1. ABDUL RASHEED, S/O. MUHAMMED,
... Petitioner

Vs

1. THE ERNAD PRIMARY CO-OPERATIVE
... Respondent

2. THE SALE OFFICER,

For Petitioner :SRI.BABU S. NAIR

For Respondent : No Appearance

The Hon'ble MR. Justice J.M.JAMES

Dated :02/02/2007

O R D E R

J.M.JAMES, J.


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W.P.(C) No. 3551 of 2007 (W)
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Dated this the 2nd day of February, 2007



J U D G M E N T

The writ petitioner having defaulted the payment of the loan amount and interest thereon, to the first respondent, the Ernad Primary Co-operative Agricultural and Rural Development Bank Ltd., was proceeded against by the first respondent. A sale notification dated 30/12/2006 is proclaimed for bringing the sale of the properties therein belonging to the writ petitioner under public auction. The writ petitioner is before this Court praying that he is prepared to pay back the amount and, an one time settlement scheme available may be extended to the writ petitioner, as well.

2. After hearing the writ petitioner, I dispose of this writ petition directing him to approach the first respondent bank, within two weeks from today, with a representation, requesting for an one time settlement. On receipt of the above representation, the first respondent shall hear the writ petitioner and fix the amount due to it, after extending the benefits and W.P.(C) No.3551/2007 (W) 2 facilities available under the one time settlement scheme, as per Circular No.59/2006, dated 30/11/2006. The representation shall be disposed of within three weeks thereon.

3. Till the representation is disposed of as above, there shall be no coercive action against the writ petitioner and the sale notification, dated 30/12/2006, shall be kept in abeyance.

4. In the event of the failure on the part of the petitioner, either to appear, or to make a representation as above, or to continue with the payment as would be ordered by the first respondent under the one time settlement scheme, the first respondent shall be at liberty to proceed against the writ petitioner, including the sale of the properties, from the stage at which the same is stopped because of this order. This writ petition is accordingly closed. (J.M.JAMES) Judge ms


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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