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2026 Supreme(Online)(Ker) 6944

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
K.S. BABU – Appellant
Versus
THE KUNDARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD NO. 401 – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAJESH. K.RAJU, SRI.MOHAPRASEED MOHAN, SMT.POOJA THAMBI
For the Respondents: SRI.T.R.HARIKUMAR (FOR R1 & R2), SRI.ARJUN RAGHAVAN (FOR R1 & R2), SRI.C.P.SABARI (FOR R6), SRI.V.K SUNIL (GP)

JUDGMENT

The petitioner availed credit facilities from the

1st respondent bank. On default being committed, the bank initiated proceedings under Section 69 of the Kerala Co-operative Societies Act , 1969, and obtained Ext.P1 award determining the liability of the petitioner. On the award being put to execution, the petitioner is before this Court stating that the sale of the property of the petitioner conducted on 11-08-2025 in favour of the 6th respondent cannot be sustained in law, primarily on account of the fact that the sale was conducted in violation of the stipulations contained in Circular No.70/2013 dated 22-11-2013, which has been placed on record as Ext.P6 along with I.A No.3 of 2025.

2. The learned counsel for the petitioner submits that Ext.P6 Circular, produced along with I.A No.3 of 2025, requires that only such portion of the property that is required to clear the liability shall be sold, and further that the borrower should be afford an opportunity to conduct a private sale of the property and thereby clear the liability towards the respondent bank. It is further submitted that Ext.P6 Circular was issued based on the directions issued by this Court in the judgment

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