IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 36672 of 2009(D) ----------------------------------------- PETITIONER(S): ------------------------ VASUDEVA BHAT, S/O.RAM BHAT, KARUDELA HOUSE, POST KADAMBAR, THALAKKALA VILLAGE, KASARAGOD. BY ADVS. SRI.J.JAYAKUMAR, SRI.S.JIJI. RESPONDENT(S): ---------------------------- THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD. NO. FF-113, REPRESENTED BY ITS SECRETARY & MANAGER, KASARAGOD. BY ADVS. SRI.T.SETHUMADHAVAN, SRI.PUSHPARAJAN KODOTH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36672/2009 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DTD. 30/07/2008 ISSUED BY THE RESPONDENT. P2: COPY OF THE NOTICE DTD. 23/10/2009 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO. 36672 OF 2009 ............................................ DATED THIS THE 3rd DAY OF JUNE, 2010 JUDGMENT The petitioner has filed this writ petition challenging the action of the respondent in issuing Ext.P2 notice for sale of his property in public auction. The petitioner had availed four agricultural loans from the respondent, Bank. According to him, the loans were availed of for the purpose of agriculture, cultivation and land development. However, the amounts were not repaid. The petitioner claimed that he was entitled to the benefits of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 also. 2. Since the repayment of the loan was defaulted, arbitration proceedings were initiated by the bank against the petitioner and an award was passed against him. E.P.No.70 of 2009-10 was filed for execution of the award. The Sale Officer of the Bank issued Ext.P2 notice of sale proposing to conduct the auction on 23.10.2009. 3. As per interim order dated 18.12.2009, this court granted an interim stay to the petitioner. Subsequently, the order was revived and Wpc 36672/2009 2 extended on 21.1.2010 on condition that the petitioner deposited an amount of Rs.1,00,000/- within one month of the said date. However, the petitioner did not comply with the condition stipulated in the order. 4. Since the petitioner has not complied with the interim order passed by this court, the Bank is free to proceed with further action in accordance with law, for recovery of the amounts due from the petitioner. The petitioner is not entitled to any further reliefs in this writ petition. This writ petition is accordingly dismissed. K.SURENDRA MOHAN, JUDGE lgk