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2024 Supreme(Ker) 1395

West Chalakudy Service Co-Operative Bank Ltd. – Appellant
Versus
Special Sale Officer West Chalakudy Service Co-Operative Bank Group – Respondent


Advocates Appeared:
For the Petitioner: ARJUN RAGHAVAN, T.R. HARIKUMAR, POOJA PANKAJ.
For the Respondents: SMT. SHEEJA C.S, SR.GOVERNMENT PLEADER.

JUDGMENT :

N. NAGARESH, J.

The West Chalakudy Service Co-operative Bank Limited has filed this writ petition seeking to quash Ext.P14 and to direct the 3rd respondent-Joint Registrar to issue sale confirmation of the auction conducted pursuant to Exts.P3 and P4 Awards, as discernible from Exts.P5 to P7 documents.

2. The petitioner is a Co-operative Society functioning under the provisions of the Kerala Co-operative Societies Act, 1969. The petitioner is a Primary Agricultural Credit Society. One Smt.Sheela, a member of the Society, availed a credit facility of Rs.8,00,000/-. Her husband, Sri.Rajan, stood as guarantor. The loan was availed in the month of March, 2014, mortgaging five cents of property of Sri.Rajan. The said Rajan also availed a credit facility of Rs.15 lakhs, pledging the same property. When the borrowers failed to repay the loan amount, the petitioner preferred Arbitration Cases. The Arbitration Court passed Exts.P3 and P4 Awards in ARC Nos. 2431 and 2440 of 2017.

3. The petitioner thereafter initiated Execution Proceedings. The property was put to sale. The property was purchased by the petitioner-Society in public auction, for an amount of Rs.51,23,140/-. The peti

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