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DEVASIA APREL v. KANJIRAPPALLY HOUSING CO-OPERATIVE - WP(C) No. 4029 of 2007(D)  RD-KL 4608 (5 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 4029 of 2007(D)
1. DEVASIA APREL,
1. KANJIRAPPALLY HOUSING CO-OPERATIVE
2. SENIOR INSPECTOR OF CO-OP. SOCIETY,
For Petitioner :SRI.JOICE GEORGE
For Respondent :SRI.D.KISHORE
The Hon'ble MR. Justice S.SIRI JAGAN
O R D E R
S. SIRI JAGAN, J.W.P.(C)NO.4029 OF 2007
DATED THIS THE 5th DAY OF MARCH, 2007
The petitioner is a defaulter in re-payment of loan amounts due to the 1st respondent - Society. The petitioner is challenging sale proceedings of the properties of the petitioner for recovery of the loan amounts. The contentions of the petitioner is that the sale proceedings are vitiated by non-compliance with the provisions of Rule 85 of the Kerala Co-operative Societies Rules, in so far as the entire property is proposed to be sold when only sale of the portion of the property would fetch the entire loan amount.
2. Learned Counsel for the 1st respondent - Society would submit that by Ext.P3, the Society had offered to reduce Rs.58,342/- as per the One Time Settlement Scheme and even then the petitioner has not cared to repay the amount.
3. Having heard both sides, I dispose of this writ petition on the following terms: Within two weeks from today, the 1st respondent - Society shall inform the petitioner the exact amount due from the petitioner to the Society after deducting the amount of Rs.58,342/-, with the interest W.P.(c)4029/07 2 accrued. Thereafter that amount would be paid by the petitioner in eight equal monthly instalments starting from 31.3.07. The subsequent instalments shall be paid on the 31st of every succeeding month. If the petitioner pays the mount as directed above promptly without fault, further coercive recovery proceedings pursuant to the impugned notice shall be kept in abeyance. However, if the petitioner makes default in payment in one instalment, it would be open to the respondents to continue proceedings in accordance with the notice now issued without having to issue any fresh notice or proceedings in that regard.
S. SIRI JAGAN, JUDGEAcd W.P.(c)4029/07 3
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