IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SHAIJU PS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioners challenge execution of bank award. (Para 1) |
| 2. petitioners propose a private sale to settle debts. (Para 2 , 3) |
| 3. court affirms execution methods for bank awards. (Para 4) |
JUDGMENT
The petitioners have approached this Court taking up a contention that an award obtained by the 4th respondent bank under Section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the 1969 Act’) should not be executed through the Civil Court and should be executed by resort to the other modes of recovery set out in Section 76 (b) & (c) of the 1969 Act. It appears to be the case of the petitioners that Civil Courts are flooded with the applications for execution of awards obtained by Co-operative Societies and lot of mismanagement and frauds are being conducted under the guise of filing applications for execution of awards before the Civil Court under (a) of the 1969 Act.
2. The learned Government Pleader and the learned counsel appearing for the 4th respondent bank submit that it is not open to the petitioners to contend that the 4th respondent-bank should not proceed for recovery in terms of the provisions contained in Section 76 (a) of the 19
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