Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nKerala High Court\nReeja vs The Special Sale Officer on 28 January, 2022               IN THE HIGH COURT OF KERALA AT ERNAKULAM\n                               PRESENT\n               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY\n        FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943\n                       WP(C) NO. 24034 OF 2015\nPETITIONER:\n\n            REEJA\n            D/O.VARGHESE, KAZHUTHAKATTIL, MANDAMANGALAM\n            VILLAGE,THRISSUR TALUK, THRISSUR DISTRICT.\n            BY ADV SRI.A.N.SATHISH KUMAR\n\n\nRESPONDENTS:\n\n    1       THE SPECIAL SALE OFFICER\n            KUTTANELLOOR SCB GROUP, OFFICE OF THE ASSISTANT\n            REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),\n            THRISSUR-680014.\n    2       PUTHUR SERVICE CO-OPERATIVE BANK\n            THRISSUR, REPRESENTED BY ITS MANAGER/SECRETARY-680014.\n            SRI.RIYAL DEVASSY, GOVERNMENT PLEADERE FOR R1\n\n     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON\n28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:\n W.P.(C) No.24034 of 2015                       2\n\n\n\n                                       JUDGMENT\n\n  This writ petition is filed by the petitioner seeking the following reliefs:\n\n        i) Issue a writ of certiorari or other appropriate writ or order quashing\n        Exhibits P3 & P5.\n        ii) Issue a writ of mandamus or other appropriate writ or order\n        directing the 2nd respondent to consider Exhibit P4 and permit the ept\n        to clear the overdue amount in convenient installments by waiving\n        penal interest and other charges by restructuring and regularising the\n        loan accounts No.20360 and C 3276 of the petitioner and her late\n        mother\n        iii) Grant such other reliefs as this Honourable Court may deem fit and\n        proper in the interest of justice, including costs.\n         2. The case of the petitioner is that she and her mother Mariam are\n\n  members of Puthur Service Co-operative Bank, Thrissur - the 2 nd respondent.\n\n  The mother of the petitioner died on 8.6.2012. Apparently, a loan was availed by\n\n  petitioner and her mother and according to the petitioner, repayment was made\n\n  regularly and as per Exhibit P1 liability certificate issued by the Co-operative\n\n  Bank, only an amount of Rs.55,000/-is outstanding against the mother of the\n\n  petitioner as on 4.2.2015. However, default was occurred in repayment due to\n\n  severe financial difficulties. While so, the 2nd respondent issued Exhibit P3 notice\n\n  informing that the secured assets of the petitioner will be sold in public auction\n W.P.(C) No.24034 of 2015                     3\n\n\n  on 12.8.2015 at Mandamangalam Village Office for realisation of an amount of\n\n  Rs.1,47,925/-, with interest and expenses. The case projected by the petitioner\n\n  is that petitioner is not aware of any arbitration proceedings and consequential\n\n  execution proceedings referred to in Exhibit P3 notice. That apart it is contended\n\n  that no notices were received by the petitioner in regard to any pending\n\n  proceedings before the Arbitrator under the Co-operative Societies Act and in\n\n  any execution proceedings.       Anyhow, from the documents produced by the\n\n  petitioner along with the writ petition it is clear that public auction notice and\n\n  personal notices are issued to the petitioner. It is thus challenging the coercive\n\n  action, the writ petition was filed.\n\n        3. When the matter was posted before a learned Single Judge of this\n\n  Court on 7th August, 2015, the following order was passed:\n\n                     "               ORDER\n\n\n             The learned counsel for the petitioner is permitted to take out notice\n       to the respondents through speed post. Post the matter soon after service is\n       complete.\n\n\n             2. The petitioner in this matter disputes the quantum of amount\n       outstanding in the loan account. According to the learned counsel for the\n       petitioner, Ext.P2 liability certificate issued on 04.02.2015 showed an amount\n       of 55,000/- as outstanding, whereas Ext.P3 sale notice shows the\n       outstanding amount as Rs.1,51,377/-.\n W.P.(C) No.24034 of 2015                       4\n             3. Since the issue of the quantum of the outstanding amount in the\n       loan account needs to be adjudicated upon, there shall be an interim\n       suspension of Ext.P3, subject to the petitioner depositing 50% of the amount,\n       reflected in Ext.P2 liability certificate, within two weeks from today and the\n       remaining 50% in one month thereafter. The payment, thus, being made by\n       the petitioner shall not be to the prejudice to either of the parties and subject\n       to the outcome of the writ petition."\n\n\n        4. It is also seen that service to the 2nd respondent is complete. Since the\n\n  entire amount was directed to be deposited in the interim order dated 7 th August,\n\n  2015 and petitioner is challenging only the quantum of the amount contained in\n\n  the sale notices, the writ petition can be disposed of with appropriate directions.\n\n        5. I have perused the pleadings and materials on record and heard learned\n\n  Government Pleader Sri.Riyal Devassy.\n\n        6. The interim order passed by this Court is made absolute. However, if the\n\n  petitioner has a case that the amount shown in the public auction notice as well\n\n  as the sale notice is excessive, the petitioner is given an opportunity to approach\n\n  the 2nd respondent Co-operative Bank with appropriate representation and if any\n\n  such representation is filed within a month from the date of receipt of a copy of\n\n  this judgment, it shall be considered by the 2 nd respondent Bank in accordance\n\n  with law and attain finality, at the earliest. I make it clear that merely because\n\n  the interim order was made absolute, that will not stand in the way of the 2 nd\n W.P.(C) No.24034 of 2015                    5\n\n\n  respondent bank taking a decision in accordance with law and in accordance with\n\n  the account maintained by the 2nd respondent.\n\n        The writ petition is disposed of accordingly.\n\n\n                                                             Sd/-\n                                                        SHAJI P. CHALY\nsmv                                                         JUDGE\n W.P.(C) No.24034 of 2015                 6\n\n\n                           APPENDIX OF WP(C) 24034/2015\n\nPETITIONER'S EXHIBITS\n                             EXHIBIT-P1: TRUE COPY OF THE DEATH\n                             CERTIFICATE OF MARIYAM DT 18/6/12.\n                             EXHIBIT-P2: TRUE COPY OF THE LIABILITY\n                             CERTIFICATE ISSUED BY THE 2ND RESPONDENT\n                             ALONG WITH ENGLISH TRANSLATION DT.14/2/15.\n                             EXHIBIT-P3: TRUE COPY OF THE NOTICE DATED\n                             8/7/2015 ISSUED BY THE 1ST RESPONDENT ALONG\n                             WITH ENGLISH TRANSLATION.\n                             EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION\n                             SUBMITTED BY THE PETITIONER TO THE 2ND\n                             RESPONDENT DATED 15/7/2015.\n                             EXHIBIT-P5: TRUE COPY OF THE PAPER\n                             PUBLICATION ALONG WITH ENGLISH TRANSLATION OF\n                             THE ELEVANT PORTION DATED 31.7.2015.