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P. KARUNAKARAN versus THE NEELESWARAM CO

High Court of Kerala

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P. KARUNAKARAN v. THE NEELESWARAM CO-OPERATIVE URBAN - WP(C) No. 26325 of 2006(H) [2006] RD-KL 996 (6 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26325 of 2006(H)

1. P. KARUNAKARAN, AGED 58 YEARS,
... Petitioner

Vs

1. THE NEELESWARAM CO-OPERATIVE URBAN
... Respondent

2. THE ASST.REGISTRAR OF CO-OPERATIVE

3. THE UNIT INSPECTOR CUM ARBITRATOR,

4. THE SALE OFFICER, NEELESWARAM

For Petitioner :SRI.T.MADHU

For Respondent : No Appearance

The Hon'ble MR. Justice K.THANKAPPAN

Dated :06/10/2006

O R D E R

K. Thankappan, J.


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W.P.(C). No. 26325 of 2006
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Dated this the 6th day of October, 2006



JUDGMENT

The petitioner has approached this Court for a direction directing the 1st respondent to grant the benefit of Et.P3 circular to the petitioner thereby enabling the petitioner to settle the liability covered as per Exts.P1 and P2 under the one time settlement scheme.

2. The petitioner has availed of a loan from the 1st respondent. According to the petitioner, due to financial difficulties, he could not repay the amount within the agreed period of one year. Therefore, steps have been initiated by the 1st respondent to recover the amount from the petitioner. Consequently, 3rd respondent passed Ext.P1 award. The petitioner submits that in order to execute Ext.P1 award the 4th respondent has issued Ext.P2 sale notice proposing to put the property wherein the residential buildign of the petitioner is situated for sale. The petitioner also submits that he is ready and willing to remit the amount and he may be given the benefit of one time settlement scheme.

3. In the facts and circumstances of the case and the fact that the petitioner is willing to remit the amount, this Court is inclined to dispose of WPC 26325/06 2 the writ petition by directing the 1st respondent to consider the claim of the petitioner under Ext.P3, for which the petitioner has to file an application within 15 days from today and deposit an amount of Rs.30,000/- within one month from today. If the petitioner files an application and remits the amount, as ordered by this Court, the 1st respondent is directed to consider the application and pass appropriate orders thereon as early as possible at any rate within 45 days from the date of receipt of the application. Till decision is taken on the application, further steps pursuant to Ext.P2 shall be kept in abeyance. If the petitioner fails to deposit the amount as ordered by this Court, the 1st respondent can proceed against the petitioner as per law. The writ petition is disposed of as above. I K.Thankappan, Judge. mn.

K. Thankappan,J.


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W.P.(C) No. /2006
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Judgment 6-10-2006


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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