IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 14933 of 2011(N) -------------------------- PETITIONER(S): ----------------------- VARKEY MATHAI, S/O.MATHAI, AGED 72 YEARS, MANIKKATHAMKUNNEL HOUSE, KOOTTICKAL VILLAGE AND KARA NOW RESIDING AT MANIKKATHAMKUNNEL HOUSE, MANNAM KARA, POONJAR THEKKEKARA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): -------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM-686 001. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANJIRAPPALLY - 686 507. 3. SPECIAL SALE OFFICER, MUNDAKKAYAM SERVICE CO-OPERATIVE BANK LTD., MUNDAKKAYAM, KOTTAYAM DISTRICT - 686 513. 4. MUNDAKKAYAM SERVICE CO-OPERATIVE BANK LTD., MUNDAKKAYAM, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY - 686 513. R1 TO R3 BY GOVT. PLEADER SRI. HANIL KUMAR R4 BY ADV. SRI.LIJI.J.VADAKEDAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 14933 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P3 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4 : COPY OF THE RECEIPT DATED 12-8-2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a) : COPY OF THE DECISION NO. 18 DATED 15.6.2011 OF THE DIRECTOR BOARD OF R4/BANK. //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 14933 OF 2011 -------------------------- Dated this the 31st day of August, 2011 J U D G M E N T The petitioner availed a loan from the 4th respondent bank in the year 1996. When the loan was not repaid, the bank took steps to recover the amount due by filing an arbitration case. An award was passed therein on 2.7.2001. Even thereafter, the petitioner did not repay the loan. The bank thereupon brought the security to sale and it was sold and purchased by the bank itself on 7.11.2005. The sale was also confirmed. However, it appears possession of the property was not delivered over to the bank. Long after the sale was held and it was confirmed, the petitioner filed Ext.P2 representation dated 21.3.2011 requesting the bank to re-convey the property to him on payment of the entire amount due. This writ petition was thereafter filed on 12.4.2011 seeking the intervention of this Court to obtain re-conveyance of the property. 2. When the writ petition came up for hearing on 9.8.2011, on noticing the averment in the counter affidavit filed on behalf of the fourth respondent bank to the effect that in the event of the petitioner remitting the sum of Rs.1,69,800/- on or before 15.8.2011 WPC No.14933/2011 2 the bank is willing to re-convey the property to the petitioner, this Court passed the following interim order: “Heard learned counsel on both sides. The Secretary of the fourth respondent bank has sworn to an affidavit dated 15.7.2011 wherein in paragraph 5 it is stated that in the event of the petitioner remitting the sum of Rs.1,69,800/- on or before 15.8.2011, the fourth respondent bank is ready to re-convey the property sold in public auction and purchased by it on this Court permitting such re-conveyance. A copy of the resolution adopted by the managing committee of the fourth respondent bank on 15.6.2011 is produced as Ext.R4(a). In such circumstances, I am of the opinion that the petitioner should deposit the said sum on or before 15.8.2011 so that this Court can direct the bank to re-convey the property. 2. The learned counsel for the petitioner submitted that 13th, 14th and 15th of August, 2011 are public holidays and therefore the time for payment may be enlarged till the close of banking hours on 16.8.2011. The learned counsel appearing for the fourth respondent did not oppose the said request. I accordingly direct the petitioner to deposit the sum of Rs.1,69,800/- before the close of banking hours on 16.8.2011. Post on 18.8.2011 for further orders.” 3. The petitioner thereupon paid Rs.1,69,800/- on 12.8.2011 Ext.P4 receipt evidence the said payment has been produced along with I.A. No.14011 of 2011. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that as the petitioner has paid the sum of Rs.1,69,800/- as directed by this Court in the interim order passed on 9.8.2011 and the bank is willing to re-convey the property, the writ petition may be disposed of with a direction to the bank to re-convey the property WPC No.14933/2011 3 within a time limit to be fixed by this Court. 4. Sri.Liji J.Vadakkedom, learned counsel appearing for the fourth respondent bank submitted that in view of the stand taken by the bank in the counter affidavit and the payment of the sum of Rs.1,69,800/- made by the petitioner on 12.8.2011, the bank will re- convey the property to the petitioner if the petitioner is willing to meet the expenses for such re-conveyance including the registration charges and stamp duty if any payable. In such circumstances, I dispose of the writ petition with a direction to the fourth respondent bank to re-convey the property purchased by it in the auction held on 7.11.2005 to the petitioner at his expense. P.N.RAVINDRAN, (JUDGE) vps