KILIMANOOR CO-OPERATIVE AGRICULTURAL Vs. STATE OF KERALA,

JUDGEMENT

(1.) PETITIONER is a Primary Co -operative Bank registered under the provisions of the Kerala Co -operative Societies Act. The prayer sought for in this writ petition is to quash Ext.P18 order and further proceedings in complaint No. 203/09, pending before the first respondent.

(2.) THE facts of the case are that the 4th respondent was a surety to two loans availed of by Smt. Seena Madhavan, her daughter in law and Sri. C.B.Anil Kumar, her son. The loans were for Rs. 10 lkahs and Rs. 5 lakhs respectively and were re -payable with 16.5.% interest. The loans were availed in 1997. Default was committed. Arbitration proceedings were initiated and award was rendered in favour of the bank. Thereafter, recovery proceedings were initiated and the mortgaged property belonging to the petitioner was brought for sale. Auction was conducted on 17.4.2007 and the Bank purchased the property for an amount of Rs. 40.20 lakhs.

(3.) IT is stated that, in the meanwhile the 4th respondent approached the 3rd respondent, the Upa Lok Ayukta, by filing Ext.P11, Complaint No. 203/09, and relief Nos. 1 and 2 sought therein, are extracted below for reference.