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2004 Supreme(Online)(Ker) 1533

KERALA HIGH COURT
S. Manikumar, J
Kerala State Financial Enterprises Ltd. – Appellant
Versus
Meenachil Cooperative Agricultural and Rural Development Bank Ltd. – Respondent


1 By order dated 28.12.1998 (Ext. P8), the Joint Registrar of Cooperative Societies, Kottayam (third respondent herein) had overruled the objections of the petitioner in the matter of confirmation of sale of a landed property, admeasuring 2 acres and 98 cents of land with a building in Sy. No. 341/4 of Thalapalam Village. This was purported to be in exercise of powers under S.21(3) of the Kerala State Cooperative Agricultural Development Banks Act, 1984 (Act 20 of 1984) (hereinafter referred to as Act 20 of 1984). The application was at the instance of the first respondent The Meenachil Cooperative Agricultural and Rural Development Bank Ltd. The objector was the petitioner -- Kerala State Financial Enterprises Ltd., represented by its Branch Manager, who had a claim that the property had been already mortgaged to them prior to the encumbrance created in favour of the first respondent -- Bank. 4th Respondent was the owner of the properties, at the time when the properties had been mortgaged in favour of the petitioner, in the year 1994, by deposit of title deeds, as security in respect of Kuri transactions. Original Petition has been filed inter alia challenging the above order.

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