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2025 DAILYLAW 6314 (KER)

M.K.ALI v. MANJERI CO-OPERATIVE URBAN BANK LTD

WP(C)/13379/2025 · 2025-04-02

Murali Purushothaman

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 13379 OF 2025 : 1 : 2025:KER:27953 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 13379 OF 2025 PETITIONER: M.K.ALI, AGED 79 YEARS S/O.MUHAMMED HAJI, MANNILTHODI HOUSE, KIZHUPARAMBA.P.O., MALAPPURAM., PIN - 673639 BY ADVS. ZAKEER HUSSAIN K.A.SANJEETHA ABY GEORGE RESPONDENTS: 1 MANJERI CO-OPERATIVE URBAN BANK LTD REGISTERED OFFICE, COURT ROAD, MANJERI.P.O., MALAPPURAM. REP. BY ITS GENERAL MANAGER, PIN - 676121 2 GENERAL MANAGER MANJERI CO-OPERATIVE URBAN BANK LTD, REGISTERED OFFICE, COURT ROAD, MANJERI.P.O., MALAPPURAM., PIN - 676121 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13379 OF 2025 : 2 : 2025:KER:27953 JUDGMENT The petitioner had availed a loan from the 1st respondent Society. On default of payment of installments, the Society initiated recovery proceedings against him. The petitioner states that he is willing to clear off the entire dues provided he is permitted to effect private sale of his mortgaged property. He also states that he has found a prospective buyer to purchase the property at the market rate and that with the said amount, he can clear off the entire liabilities. The petitioner has, accordingly, submitted Ext.P2 representation before the 2nd respondent for WP(C) NO. 13379 OF 2025 : 3 : 2025:KER:27953 permission to sell the mortgaged property by private sale. The limited prayer of the petitioner is for a direction to the 2nd respondent to consider Ext.P2 in accordance with law. 2. Heard the learned counsel for the petitioner. In the nature of the order I propose to pass, notice to the respondents is dispensed with. 3. In the facts and circumstances of the case and having considered the submissions made across the Bar, there will be a direction to the 2nd respondent to consider Ext.P2, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till such time orders are passed on Ext.P2 and communicated to WP(C) NO. 13379 OF 2025 : 4 : 2025:KER:27953 the petitioner, there shall not be any coercive proceedings against the petitioner in respect of the loan availed by the petitioner. The writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 13379 OF 2025 : 5 : 2025:KER:27953 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED 13/05/2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 17/02/2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.