IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 25454 of 2009(B) -------------------------- PETITIONER(S): --------------- V.KANDAMUTHAN, S/O.VEEMBAN, AGED 72 YEARS, VII/662, VALARA, NATTUKAL, NELLEPILLY P.O., CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT(S): --------------- 1. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., PB.NO.21. HPO, SULTHANPET, PALAKKAD-678 001, REPRESENTED BY ITS GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. ADV. SRI.M.P.ASHOK KUMAR FOR R1 GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25454/2009 ------------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER IN W.P.C.NO.22363/2009 DT. 6-8-2009. EXT.P2 LETTER DT. 10-8-2009. EXT.P3 COVERING LETTER DT. 22-8-2009. EXT.P4 LETTER DT. 26-8-2009. EXT.P5 PETITION SUBMITTED BEFORE R2. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25454 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th November, 2009. J U D G M E N T The petitioner is a defaulter in repayment of loan amounts due from him to the 1st respondent. The 1st respondent initiated coercive proceedings for recovery by obtaining an award in ARC No. 456/2001 and executing the same. Pursuant thereto, the property belonged to the petitioner was proposed to be sold. The petitioner approached the bank and according to the petitioner, by Ext. P2 letter, the 1st respondent informed the petitioner that if he remits 25% of the amounts due to the bank, the auction would be adjourned and if he pays the balance amount within 30-9-2009, penal interest would be waived. The letter dated 10-8-2009 was sent only on 17-8-2009 and the petitioner received it only on 19-8-2009. On receipt of Ext. P2 letter, the petitioner approached the bank along with three demand drafts for Rs. 15,100/-, Rs.45,000/- and Rs. 45,000/-, which were sent to the bank along with Ext. P3 covering letter dated 22-8-2009. Despite the same, the 1st respondent continued with the sale and auction was conducted on 12-8-2009. The petitioner was informed by the bank that since another person has purchased the property, the bank is unable to accept the demand drafts. It was further intimated that if the petitioner pays within 10 days of the auction, the full amount due to the bank with 5% of the amount deposited by the person who purchased the property in auction, the sale would be set aside, failing which the sale would be confirmed. According to the petitioner, the sale is vitiated by fraud and illegality. Therefore, the petitioner filed an application under Rules 81 and 83 of the Kerala Co- operative Societies Rules before the 2nd respondent to set aside the sale conducted on 12-8-2009. The petitioner's grievance is that the 2nd respondent has not yet disposed of the same. W.P.C. No. 25454/09 -: 2 :- 2. The petitioner now submits that the 2nd respondent has posted the matter for hearing on 19-11-2009. In the above circumstances, the writ petition is disposed of with a direction to the 2nd respondent to hear the matter on 19-11-2009 itself and pas orders on the same within two weeks thereafter. Till orders are passed, the interim order passed in this case would continue to be in force. Sd/- S. Siri Jagan, Judge. Tds/