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Judgment
11 paragraphs · 346 wordsGopinath P., J
The petitioners have approached this court challenging the proceedings initiated against the petitioner for recovery of amounts due in terms of an award obtained by the 1st respondent under the provisions of the Kerala Co-operative Societies Act, 1969. The property of the 1st petitioner was scheduled to be sold on 02-06-2023.
When this writ petition came up for consideration on 30-05-2023 this court passed the following interim order;
“Having heard the learned counsel for the petitioners and the learned counsel appearing for the respondent Bank, it is directed that any sale pursuant to Exhibit P2 shall not be confirmed till 15.06.2023 on condition that the petitioners remit a sum of Rs.5,00,000/- towards the loan liability on or before 12.06.2023.
Post on 15.06.2023.”
Thereafter on 15-06-2023 this court passed the following order;
“Learned counsel appearing for the petitioners would submit that the amount directed to be paid in terms of the interim order, has not been paid, within the time fixed by this court as the 1st petitioner met with an accident. It is submitted that the petitioner will remit the said amount within a period of ten days from today.
Taking into consideration the submission of the learned counsel for the petitioners, the interim order staying confirmation of the sale will continue for a period of ten days.
Post after ten days.”
Even today the petitioners have no case that they have remitted the amounts directed to be paid as a condition for the interim order. In such circumstances and considering the facts and circumstances of the case, I am of the opinion that the petitioners have not demonstrated bonafides warranting grant of any relief in a writ petition under Article 226 of the Constitution of India especially in the matter of execution of an award obtained under the provisions of the Kerala Co-operative Societies Act, 1969.
This writ petition will therefore stand dismissed making it clear that if the petitioners have any other remedy, it will be open to them to avail any such remedy in accordance with the law.