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PAUL PERERA, AGED 51 YEARS versus SPECIAL SALE OFFICER

High Court of Kerala

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PAUL PERERA, AGED 51 YEARS v. SPECIAL SALE OFFICER - WP(C) No. 1899 of 2007(A) [2007] RD-KL 3914 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1899 of 2007(A)

1. PAUL PERERA, AGED 51 YEARS
... Petitioner

Vs

1. SPECIAL SALE OFFICER
... Respondent

2. THE VADAKKEKARA SERVICE CO-OP.BANK,

For Petitioner :SMT.M.SINDHU THANKAM

For Respondent :SRI.T.K.SHAJAHAN

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :21/02/2007

O R D E R

K.Padmanabhan Nair,J.

W.P.(C).No.1899 of 2007-A

Dated, this the 21st day of February, 2007



JUDGMENT

It is submitted by the counsel for the petitioner that challenging the award impugned in this case the petitioner has filed a revision petition before the Co-operative Tribunal and the same is pending. It is submitted that in view of the pendency of the revision petition, this writ petition may be closed without prejudice to the right of the petitioner to challenge the final order that may be passed by the Tribunal.

2. This Court had stayed the sale of the properties on condition that the petitioner deposits an amount of Rs.25,000/-. The petitioner has complied with the condition and this Court had extended the stay till 13.3.2007. Considering the facts and circumstances of this case, it is only just and proper that the sale proceedings be adjourned for a period of three months from today, within which period the Co-operative Tribunal shall hear and dispose of the revision petition with due notice to the 2nd respondent-Bank also. W.P.(C).No.1899 of 2007-A In the result, the writ petition is disposed of in the following manner: The writ petition is closed without prejudice to the right of the petitioner to challenge the final order that may be passed by the Co-operative Tribunal in the revision petition filed by the petitioner. There will be a direction to the Co-operative to hear and dispose of the revision petition, if any, filed by the petitioner within a period of three months from today with due notice to the 2nd respondent-Bank. The sale proceedings shall stand adjourned for a period of three months from today. K.Padmanabhan Nair Judge vku/-


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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