IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 2136 of 2010(N) ------------------------- PETITIONER(S): --------------- P.K.ASHRAF, S/O.IBRAHIM, AGED 29 YEARS, P.P.E.HOUSE, KAVUMPADY, THILLANKERI, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, KANNUR. 2. THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL), KOOTHUPARAMBA, KANNUR. 3. THE SPECIAL SALE OFFICER, MATTANNUR CO-OP.RURAL BANK LTD.NO.F-1228, MATTANNUR, KANNUR. 4. MATTANNUR CO-OP.RURAL BANK LTD. NO.F.1228, MATTANNUR, KANNUR REPRESENTED BY ITS SECRETARY. ADV. SRI.K.HARILAL FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 2136/2010) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF THE SALE PROCLAMATION DTD. 15.12.2009. EXT.P2 TRUE COPY OF REPRESENTATION DTD 12.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE FOURTH RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DTD.14.1.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE REPLY DATED 16.1.2010 ISSUED BY R2. EXT.P5 TRUE COPY OF THE REPRESENTATION DTD. 20.1.2010 FILED BY THE PETITIONER BEFORE R1. K.SURENDRA MOHAN, J ........................................... WP(C).NO.2136 OF 2010 ............................................ DATED THIS THE 19TH DAY OF MARCH, 2010 JUDGMENT The petitioner had availed a loan of Rs.50,000/- from the fourth respondent, Bank. However, he could not repay the loan and therefore the Bank initiated steps for recovery of the amounts from him by filing ARC 1600 of 2003. An award has been passed in favour of the Bank, in the said case. Thereafter, E.P.380 of 2007 was filed by the fourth respondent for execution of the award. As per Ext.P1, the property has been brought to sale. Though the petitioner approached the Bank for waiver of the interest that was charged, by submitting Ext.P2, he complains that no orders have been passed thereon till date. According to the petitioner, the Bank should have passed some orders on Ext.P2 at least on the basis of the directions contained in Ext.P4. 2. As per interim order dated 21.1.2010, a stay of further proceedings to sell the property of the petitioner was granted, subject to the petitioner depositing certain amounts as stipulated therein. Accordingly, it is submitted that the petitioner has remitted the amounts Wpc 2136/2010 2 and complied with the interim order. The petitioner therefore seeks appropriate directions to the fourth respondent to consider the request of the petitioner on an early date. The counsel for the fourth respondent assures me that Ext.P2 would be considered in accordance with law, without further delay and all available benefits would be extended to the petitioner. 3. In the above circumstances, this writ petition is disposed of directing the fourth respondent to consider the grievances of the petitioner set out in Ext.P2 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate, before 31.3.2010. The interim order of stay granted in this case shall be extended till 31.3.2010 or till final orders are passed on Ext.P2. K.SURENDRA MOHAN, JUDGE lgk