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MANIYAN, AGED 66 YEARS, S/O. LATE versus THE ASSISTANT REGISTRAR (GENERAL)

High Court of Kerala

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MANIYAN, AGED 66 YEARS, S/O. LATE v. THE ASSISTANT REGISTRAR (GENERAL) - WP(C) No. 10131 of 2007(F) [2007] RD-KL 6088 (23 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10131 of 2007(F)

1. MANIYAN, AGED 66 YEARS, S/O. LATE
... Petitioner

2. KAUSALYA, AGED 61 YEARS, W/O. MANIYAN,

Vs

1. THE ASSISTANT REGISTRAR (GENERAL),
... Respondent

2. SPECIAL SALES OFFICER,

3. THE KOTTAYAM DISTRICT CO-OPERATIVE

For Petitioner :SRI.P.M.NATESAN

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :23/03/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.10131 OF 2007

DATED THIS THE 23rd DAY OF MARCH, 2007



JUDGMENT

The petitioners are defaulters in repayment of loan amounts due to the 3rd respondent - Bank. The Bank has obtained an award under Section 69 of the Kerala Co-operative Societies Act, which is being executed as per Ext.P2 sale notice. The petitioners are challenging the said sale notice on the ground that they were totally in the dark about the arbitration proceedings and the award. They would submit that they were never served with any notice in the arbitration proceedings or a copy of the award.

2. I have heard the learned counsel for the petitioner as also Sri. T.R. Harikumar, the learned standing counsel appearing for the 3rd respondent. Although the petitioners challenge Ext.P2 sale notice, they would now be satisfied with a direction to the 3rd respondent to permit the petitioners to pay the amount demanded in easy instalments.

3. On consideration of the facts and circumstances of the case, particularly the fact that the petitioners are senior citizens, I dispose of this writ petition on the following terms. The petitioners shall pay an amount of Rs.50,000/- within one W.P.(c)10131/07 2 month from today. The balance amount shall be paid with accrued interest in ten equal monthly instalments starting from 1.06.07. All subsequent instalments shall be paid on the 1st day of every succeeding month. If the petitioners comply with the above directions, further proceedings pursuant to Ext.P2 shall be kept in abeyance. However, if the petitioners commit default in payment of any of the amounts as directed above, it would be open to the 3rd respondent o continue proceedings now initiated without having to issue any fresh notice or proceedings in that regard.

S. SIRI JAGAN, JUDGE

Acd W.P.(c)10131/07 3


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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