Izudheen CP vs Mowancherry Co Op Rural Bank Ltd

Gopinath P., J

The petitioner has approached this Court seeking the following reliefs:-

“i) call for the entire records leading to the issuance of Ext.P1 sale notice by the 3rd respondent and quash the same as illegal.

iii) Pass such other orders which are incidental and proper in the interest of justice.

iv) To dispense with the English translation of vernacular documents.”

The petitioner had availed a loan from the 1st respondent bank. On default being committed, the Bank initiated proceedings under the provisions of the Kerala Co-operative Societies Act, 1969 and award was passed against the petitioner. Thereafter, in proceedings for executing the award, the property of the petitioner was brought to sale and Ext.P1 sale notice was issued for recovery of an amount of Rs.24,35,666/-.

When this matter came up for consideration on 9.11.2022, this Court passed the following interim order:-

“Admit. Notice by speed post returnable in two weeks to the 1st respondent. Govt. Pleader takes notice for respondents 2 to 5.

There will be an interim stay of confirmation of sale proposes as per Ext.P1, for a period of six weeks, on condition that the petitioner remits a sum of Rs.2,50,000/-(Rupees two lakhs fifty thousand only) within one month.”

When this matter is taken up today, it is not disputed before me that, despite the passage of more than four months after the date of the interim order, the petitioner has not paid any amount to the respondent bank. In terms of the above said interim order, a sum of Rs.2,50,000/- was to be paid on or before 9.12.2022.

The learned counsel appearing for the respondent bank would submit that the total outstanding amount as on today (25.01.2023) is Rs.25,17,736/- and since the petitioner has not demonstrated bonafides by paying the amount directed to be paid by this Court through the interim order dated 9.11.2022, the petitioner is clearly not entitled to any relief in the writ petition. It is also pointed out that the only request made by the petitioner in Ext.P2 is to permit him to clear the total liability in some instalments.

Having heard the learned counsel for the petitioner and the learned counsel appearing for the respondent bank, I am of the view that since the petitioner has failed to prove bonafides by deposing the amount of Rs.2,50,000/-directed to be paid in terms of the interim order dated 9.11.2022, the petitioner is clearly not entitled to any relief in this writ petition. The writ petition fails and it is accordingly dismissed.