IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 26049 of 2009(A) --------------------------------- PETITIONER(S): ------------------- KANNOTH KRISHNAN NAMBIAR, S/O.KUNHIRAMAN NAMBIAR,KANNOTH HOUSE, MAKRERI,P.O.BAVOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------- 1. SPECIAL SALES OFFICER, MOUVANCHERI CO-OPERATIVE RURAL BANK, ASSISTANT REGISTRAR (GENERAL) OFFICE,KANNUR. 2. MOUVANCHERI CO-OPERATIVE RURAL BANK, REP.BY ITS SECRETARY,KANNUR. 3. ASSISTANT REGISTRAR (GENERAL),KANNUR. 4. V.V.JANARDHANAN, 'RAJAS',KOTTOOR,P.O.KADACHIRA, KANNUR DISTRICT. R1 BY GOVT.PLEADER SRI.BASANT BALAJI R2 BY ADV. SRI.M.SASINDRAN R4 BY ADV. SRI.V.R.KESAVA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, ALONG WITH WPC NO. 28193 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26049/2009 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTICE DATED 30.05.2009 RECEIVED FROM 1ST RESPONDENT TO THE PETITIONER. P2: COPY OF JUDGMENT IN WPC.NO.19769/2009DATED 15/07/2009. P3: COPY OF APPLICATION FILED BYTHE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24/04/2003 P3(a):COPY OF POSTAL RECEIPT EVIDENCING DESPATCH OF P3. P4: COPY OF ORDER BEARING NO.1706/O/SS MOUVANCHERI DATED 12/08/2009 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. P5: COPY OF CIRCULAR NO.1/09 ISSUED BY REGISTRAR OF CO-OP. SOCIETY DATED 08/01/2009. P6: COPY OF CIRCULAR NO.05/09 ISSUED BY REGISTRAR OF CO-OP.SOCIETIES DATED 29/01/2009. RESPONDENT'S EXHIBITS: R2(a):COPY OF THE AWARD DATED 16/12/2002. R2(b):COPY OF THE JUDGMENT DATED 12/07/2006 IN O.S.NO.284/2005 BEFORE THE MUNSIFFS COURT, THALASSERY. R2(c):COPY OF THE NOTICE IN FORMNO.8 ISSUED TO THE PETITIONER. R4(a):COPY OF THE REPLY DATED 06/02/2010. /TRUE COPY/ P.A. TO JUDGE. svs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) Nos.26049 of 2009 & 28193 of 2010 ------------------------------- Dated this the 14th day of March, 2011 J U D G M E N T Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. The brief facts are as follows. 2. The petitioner in W.P.(C) No.26049 of 2009 availed a loan from the second respondent bank way back in the year 1994. He defaulted re-payment of the loan. The bank thereupon initiated arbitration proceedings to realise the money due from him. The Arbitrator passed an award on 11.1.2000. In execution of the award, the bank brought a parcel of land, 16 cents in extent, situated in R.Sy.No.28/1 of Makreri Amsom Desom, Kannur District to sale and it was sold on 30.5.2009 for realisation of the sum of Rs.1,17,513/- and other charges. The fourth respondent in W.P.(C) No.26049 of 2009 who is the petitioner in W.P.(C) No.28193 of 2010 was the successful bidder in the auction. Before the auction was held, the petitioner had filed Ext.P3 petition dated 24.3.2003 before the Secretary of the second respondent bank requesting the Secretary to extend to him benefits under various Government orders. He had also filed various W.P.(C) Nos.26049/2009 & 28193 of 2010 2 petitions before the Sale Officer objecting to the proposed sale. He had also filed W.P.(C) No.19769 of 2009 in this Court. By Ext.P2 judgment delivered on 15.7.2009, this Court disposed of the said writ petition with a direction to the Sale Officer to consider the various applications filed by the petitioner with notice to the bank and the purchaser. The Sale Officer accordingly passed Ext.P4 order dated 12.8.2009 whereby he directed the petitioner to pay the sum of Rs.1,26,000/- within seven days from the date of receipt of the order towards full and final settlement of the dues and for payment of compensation to the fourth respondent. The petitioner was informed that in case of failure to remit the said amount within 7 days, the sale will stand confirmed. Ext.P4 is under challenge in W.P.(C) No.26049 of 2009 wherein the petitioner seeks various reliefs including the benefits available to him under the one time settlement scheme. 3. The fourth respondent in W.P.(C) No.26049 of 2009, who is the petitioner in W.P.(C) No.28193 of 2010 has filed the said writ petition seeking confirmation of the sale and delivery of the property. He contends that though he had remitted the sum of Rs.1,20,000/- in full, the sale held on 30.5.2009 has not so far been W.P.(C) Nos.26049/2009 & 28193 of 2010 3 confirmed and possession of the property has not been delivered to him. 4. I heard the learned counsel appearing on both sides. I have also gone through the pleadings and the materials on record. The fact that an award has been passed against the petitioner in W.P. (C) No.26049 of 2009 and in execution of the said award, a parcel of land belonging to him was brought to sale and sold on 30.5.2009 is not in dispute. The petitioner in W.P.(C) No.28193 of 2010 is the successful bidder in the auction. As matters now stand, by reason of the interim order passed in W.P.(C) No.26049 of 2009, the sale in favour of the petitioner in W.P.(C) No.28193 of 2010 has not been confirmed. The said petitioner has however deposited the sale amount of Rs.1,20,000/- and it has also been appropriated by the second respondent bank. As on the date of sale, the amount due to the bank was less than Rs.1,20,000/-. This fact is clear from Ext.P4 order produced in W.P.(C) No.26049 of 2009. By that order, the Sale Officer directed the petitioner in W.P.(C) No.26049 of 2009 to pay the sum of Rs.1,26,000/- within 7 days from the date of receipt of the order towards full and final settlement of the dues and for payment of W.P.(C) Nos.26049/2009 & 28193 of 2010 4 compensation to the fourth respondent auction purchaser/the petitioner in W.P.(C) No.28193 of 2010. Pursuant to the interim order passed by this Court on 16.9.2009 in W.P.(C) No.26049 of 2009, the petitioner therein/the debtor has remitted the sum of Rs.75,000/- with the second respondent bank on 26.9.2009. In such circumstances, as the balance amount which the petitioner in W.P.(C) No.26049 of 2009 is liable to pay to the bank is only a further sum of Rs.45,000/- besides the compensation which he should pay to the auction purchaser, the petitioner in W.P.(C) No.28193 of 2010, I am of the opinion that the petitioner in W.P.(C) No.26049 of 2009 should be afforded another opportunity to pay off the debt and to save the property. I accordingly dispose of the writ petitions directing that in the event of the petitioner in W.P.(C) No.26049 of 2009 depositing the sum of Rs.45,000/- towards his liability as on 30.5.2009 to the second respondent bank and the sum of Rs.6000/- being 5% of the purchase money of Rs.1,20,000/- and a further sum of Rs.4000/- as compensation, aggregating to Rs.55,000/- (Rs.45,000/- + Rs.6000/- + Rs.4000/-) on or before 30.4.2011, Ext.P4 order shall stand W.P.(C) Nos.26049/2009 & 28193 of 2010 5 quashed, the sale held on 30.5.2009 shall stand set aside and the bank shall record full satisfaction of the award. If the petitioner fails to deposit the said amount within the time stipulated above, the direction issued above shall stand recalled and the writ petition shall stand dismissed and it will be open to the respondents to deliver the property to the auction purchaser. P.N. RAVINDRAN, JUDGE. nj.