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2025 Supreme(Online)(Ker) 58609

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SANEEV T.R – Appellant
Versus
THE REGISTRAR OF CO-OPERATIVE SOCIETIES – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN K. JOY
For the Respondents: SHRI.S.SAJU, SRI.A.V.SAJAN, SMT.SWETHA.S., SMT.NAINA FAHIMATH M.S.

Table of Content
1. challenging recovery of loan post-death of borrower. (Para 1)
2. court observed non-compliance with interim order. (Para 2 , 4)
3. notice given during arbitration proceedings. (Para 3)
4. writ petition ultimately dismissed. (Para 5)

J U D G M E N T

The petitioner has approached this court challenging the proceedings initiated at the instance of the 4th respondent to recover the amounts due under a loan availed by the petitioner's father from the 4th respondent. According to the petitioner though petitioner's father expired on 03-03-2020 the bank proceeded to obtain an award without notice to the legal heirs and also proceeded to bring to sale the property belonging to the petitioner's late father. It is the case of the petitioner that though an application was filed to set aside the ex parte award together with an application to condone the delay of 548 days in filing the application to set aside the ex parte award, the sale officer is proceeding with the sale of the property to the prejudice of the petitioner. The petitioner is thus before this court seeking the following reliefs;

“(1) To issue writ, order or direction in the nature of mandamus directing the responde

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