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2023 Supreme(Online)(KER) 22118

HIGH COURT OF KERALA
ANU SIVARAMAN, J
THE BOARD OF DIRECTORS OF THE IRINJALAKUDA CO-OPERATIVE HOSPITAL LTD. NO.R 954, – Appellant
Versus
THE HOUSING AND URBAN DEVELOPMENT CORPORATION LTD., – Respondent


Advocates:
NISHA GEORGE, GEORGE POONTHOTTAM (SR.), N.SASI, M.A.ABDUL HAKHIM, JOSEPH GEORGE, M.A.AZEEZ, MUSHTAQUE

JUDGMENT

1.This petition is filed challenging Exhibit P8, proclamation for sale of property as also Exhibit P3 order of the recovery officer. The contention raised in the writ petition is that the petitioner, a Cooperative Hospital Society had availed a construction loan of Rs.513.50 lakhs from the 1st respondent. When the repayment fell in arrears the 1st respondent had filed O.A.No.298/2001 under Section 19(1) of Recovery of Debts due to Banks and Financial Institutions Act, 1993 for recovery of an amount of Rs.8,12,91,302/- with future interest by sale of the secured asset, which formed the property and the building of the petitioner. The O.A was allowed and the 1st respondent was permitted to recover an amount of Rs.8,10,27,327/- with interest. Though appeal was attempted, the Appellate Tribunal directed to deposit an amount of Rs.7,26,33,717/- on or before 17.12.2012 towards pre-deposit and since the amount could not be paid, the appeal was not considered. Simultaneous procedure for recovery under the SARFAESI Act were also initiated. It is submitted that an OP(DRT) was filed before this Court and an amount of Rs.1 crore was remitted pursuant to interim orders. Later the OP(DR

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