T GUNASEKARAN Vs. MANAGING DIRECTOR / ADDITIONAL REGISTRAR; DEPUTY REGISTRAR OF CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD ; PRESIDENT, SATHYAMANGALAM CO-OPERATIVE PRIMARY AGRICULTURAL & RURAL DEVELOPMENT BANK LTD

JUDGEMENT

(1.) The petitioner submits that his father Late.Thimmana Gounder and his brother Chinnaraj had borrowed a sum of Rs.9 Lakhs from the third respondent Bank by mortgaging the properties measuring 5.07.5 hects. in S.F.No.86/1 measuring 0.14.5 hectrs. comprised in S.F.No.86/2 measuring 0.86.0 hectrs. comprised in S.F.No.93/7, measuring 2.11.5 hectrs. comprised in S.F.No.104/5 and measuring 3.14.0 hectrs. comprised in S.F.No.106/1 of Thottampalayam Village and measuring 0.07.5 hectrs. comprised in S.F.No.234/1 and measuring 0.07.5 hectrs. in S.F.No.234/2 of Thoppampalayam Village. The petitioner further submits that the said mortgage deed dated 09.10.1997 was executed by above said Thimmana Gounder and Chinnaraj and their children including the petitioner towards security for the repayment of the loan. The petitioner further submits that his father Thimmana Gounder died on 30.04.2005 and his brother Chinnaraj died on 26.12.2003 and the petitioner's brother died on 06.11.2011. The petitioner further submits that the third respondent Bank had sanctioned a sum of Rs.9 Lakhs in loan No.36/NFS on 09.10.1997 and the amount was disbursed in three installments dated 21.10.1997, 11.11.1997 and 18.11.1997. Thereafter, the loanee has repaid a sum of Rs.1,60,000/- to the third respondent Bank. Further, a sum of Rs.50,000/- has been paid by way of Demand Draft dated 04.09.2005.

(2.) The petitioner further submits that on 05.05.2010, the then Special Officer of the third respondent Bank issued a notice demanding Rs.44,03,331/-. In the mean time, the State Government has issued G.O.(2D)No.12, Co-operative, Food and Consumer Protection Department, dated 28.02.2009, whereupon the Society has demanded Rs.23,06,136/- under the Interest Waiver Scheme. The petitioner further submits that unmindful of the above said Interest Waiver Scheme, the then Special Officer of the third respondent has issued a sale notice dated 03.09.2010 by assigning the jurisdiction under Sections 118 and 119 of the Tamil Nadu Co-operative Societies Act, 1983 r/w Section 161 of the Tamil Nadu Co-operative Societies Rules, 1988. Aggrieved against the said demand notice, all the legal-heirs of the Late.Thimma Gounder filed an Appeal in CMA (CC.S)No.62 of 2010 on the file of learned Special Tribunal for the Co-operative cases / Principal District Court, Erode. The said appeal was partly allowed on 29.10.2012, whereby and where-under, the appellants therein were directed to pay the principal amount with interest at the rate of 6%. The operative portion of the judgment dated 29.10.2012 reads as follows:-

(3.) The petitioner further submits that in pursuance to the judgment and decree dated 29.10.2012, the petitioner has to pay the principal due of Rs.8,99,058/- with 6% interest, which comes to Rs.18,47,532/-. The petitioner further submits that in view of the death of the principal borrower, the petitioner being the legal-heir and co-executants of the mortgage is liable to pay a sum of Rs.18,47,532/-. Accordingly, the petitioner has sent a representation dated 27.10.2014 to the respondents to pass an order permitting the petitioner to pay the said amount to close the loan account. The petitioner further submits that even after receipt of the representation dated 27.01.2014, the respondents have not passed any orders till date. The judgment and decree dated 29.10.2012 made in CMA (CS)No.62 of 2010 has attained finality. Therefore, there is no legal impediments for the respondents to receive the principal due with 6% interest. Furthermore, the respondents have issued a notice under the Interest Waiver Scheme asking the petitioner to pay a sum of Rs.17,79,746/-. The petitioner further submits that the respondents have to come forward to receive either the principal due with interest at the rate of 6% as per the judgment and decree dated 29.10.2012 or to receive amount under the Interest Waiver Scheme. The inaction on the part of the respondents has created a strong doubt about their conduct.