The Alleppey Urban Co-Op.Bank Ltd vs The Sale Officer (Assistant Registrar) on 17 September, 2009

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Kerala High Court

The Alleppey Urban Co-Op.Bank Ltd vs The Sale Officer (Assistant Registrar) on 17 September, 2009

Bench: S.Siri Jagan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18073 of 2005(B)


1. THE ALLEPPEY URBAN CO-OP.BANK LTD.,
                      ...  Petitioner

                        Vs



1. THE SALE OFFICER (ASSISTANT REGISTRAR),
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

3. A.MOHAMMED SHAFI, ANZAR MANZIL, MARUTHUM

                For Petitioner  :SRI.N.NANDAKUMARA MENON (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/09/2009

 O R D E R
                              S.SIRI JAGAN, J.

                       ==================

                         W.P(C).No.18073 of 2005

                       ==================

              Dated this the 17th day of September, 2009

                              J U D G M E N T

The petitioner is a co-operative society. They obtained an award from the Arbitrator under Section 69 of the Kerala Co-operative Societies Act in ARC No.51/295 against the 3rd respondent for recovery of certain amounts . EP 43/196 was filed before the 1st respondent in the year 1996. The amount had to be recovered by sale of the property mortgaged by the 3rd respondent to the bank. Although the Arbitrator had attached the properties, no steps were taken to realise the amounts by sale of the mortgaged properties, is the contention raised by the petitioner. The petitioner, therefore, seeks the following reliefs:

"i. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 & 2 to conduct the sale of the attached properties in E.P.No.43/96 (sic) A.R.C. No.51/95 on the file of the Assistant Registrar (General) Nedumangad, Thiruvananthapuram forthwith;

ii. To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 & 2 to take immediate steps for conducting the sale of the attached properties in E.P.No.43/96 in A.R.C.No.51/95 on the file of the Assistant Registrar (General) Nedumangad, Thiruvananthapuram."

2. The learned Government Pleader, on instructions, submits that the sale was conducted on 18.8.2005, on which date, there was nobody to participate in the auction. Subsequently, the bank themselves purchased the same and that sale was confirmed. That W.P.C.18073/05 2 being so, no further orders are necessary in this writ petition. Therefore, recording the submission of the Government Pleader, this writ petition is disposed of.

Sd/-

sdk+                                          S.SIRI JAGAN, JUDGE

          ///True copy///




                             P.A. to Judge

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