IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 20544 of 2009(K) -------------------------- PETITIONER(S): --------------- K.V.HAMSAKUTTY, S/O.VELUTTY ALIAS KHADER, KUMBALAPANTHALIL HOUSE, KARIMBA P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. PALAKKAD DISTRICT CO-OPERATIVE BANK, MANNARKKAD BRANCH, PALAKKAD DISTRICT, REPRESENTED BY ITS BRANCH MANAGER. 2. THE GRIEVANCE REDRESSAL OFFICER, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD, PALAKKAD DISTRICT. 3. SPECIAL SALE OFFICER, PALAKKAD DISTRICT CO-OPERATIVE BANK, PALAKKAD. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20544 of 2009 --------------------------------- Dated, this the 22nd day of July, 2009 J U D G M E N T The petitioner submits that on 11/03/1994 he availed of a loan of Rs.1.50 lakhs from the 1st respondent. Default was committed and arbitration proceedings vide ARC No.162/03 was initiated resulting in an exparte award against the petitioner. In the meantime, proceedings were initiated against the petitioner under the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act also. While so, by Ext.P1 circular, the Debt Relief Scheme, 2008 was implemented to the Co- operative Sector also. 2. According to the petitioner, claiming the benefit of Ext.P1, he has filed Ext.P2 before the 2nd respondent and there has not been any response to Ext.P2. In the meanwhile, coercive action has been initiated and by Ext.P3 auction notice, property mortgaged is scheduled to be sold on 26/08/2009. It is complaining that without passing orders on Ext.P2, further proceedings pursuant to WP(C) No.20544/2009 -2- Ext.P3 shall not be continued, this writ petition is filed. 3. If as stated by the petitioner, Ext.P2, has been filed, the petitioner is entitled to have a decision on the said application before the property is sold pursuant to Ext.P3. The sale as per Ext.P3, as already noticed, is scheduled on 26/08/2009. Therefore, the 2nd respondent, before whom Ext.P2 has been filed, has to take a decision on Ext.P2 before that date. In view of the above, the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P2 on or before 20/08/2009. 4. The petitioner shall produce a copy of this judgment along with a copy of this writ petition, before the 2nd respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg