KRISHNANKUTTY Vs. THRISSUR DISTRICT CO-OPERATIVE BANK

JUDGEMENT

(1.) EXT .P9 order passed by the Joint Registrar of Co-operative Societies on 6.7.2011, rejecting the application filed by the petitioner, the successful bidder in a public auction, for delivery of the property purchased by him in that auction, is under challenge in this writ petition. The brief facts of the case are as follows:

(2.) THE fifth respondent availed a loan from the first respondent bank on 4.11.2000. He defaulted repayment of the loan. The bank thereupon instituted A.R.C.No.880/2004 before the Arbitrator. The fifth respondent did not contest the arbitration case and an award was passed. The fifth respondent did not even thereafter repay the debt. The bank thereupon took steps to execute the award and in execution of the award an item of immovable property belonging to the defaulter was brought to sale and sold in public auction on 20.11.2008. The petitioner was the successful bidder in the auction, he having purchased the property for the sum of Rs.1,30,000/-.

(3.) THE fifth respondent did not comply with the said direction. Instead he filed W.A.No.1951 of 2009. By judgment delivered on 16.9.2009, a Division Bench of this Court disposed of the writ appeal by enlarging the time for remitting the sum of Rs.1,30,000/- by three months, which expired on 16.12.2009. The fifth respondent did not even thereafter deposit the sum of Rs.1,30,000/-. The sale was therefore confirmed on 11.1.2010.