The petitioner was aggrieved with Exhibit P2 sale proceedings initiated against the petitioner's property. The petitioner contends that he was not served with a copy of the award in the Arbitration Case as provided under Rule 67(8) of the Kerala Co-operative Societies Rules, 1969 [for brevity “the Rules”]. The petitioner also contends that sale proceedings is bad for reason of Rules 85 and 81(c) of the Rules having not been complied with. 2. The petitioner's contention with respect to no service having been effected of the award does not survive at all. The petitioner was aware of the ARC filed by the respondent-Society before the Arbitrator. The writ petition itself notices the number of the ARC, being ARC.97 of 2006, which is said to have been filed before the 1st respondent. Nothing prevented the petitioner from approaching the Arbitrator and obtaining a copy, to prefer an appeal from such award, if the petitioner's contentions were against such WP(C).No.26703 of 2008 - 2 -
award. The writ petition itself was filed in 2008. No steps are seen to have taken to that end. In such circumstance, the contention of the petitioner that the copy of the award was not served on him cannot be agitated at this point of time.
3. The non-compliance of Rule 85 is not tenable, since the petitioner ought to have filed an objection before the Sale Officer if the petitioner was of the opinion that the entire property need not be proceeded against for satisfaction of the dues in the loan account. In any event , Rule 85 confers authority on the Sale Officer to decide as to whether the entire property has to be proceeded against or not. The said decision would have to be conceded to the discretion of the Sale Officer.
4. As to there being no proclamation, the Society cannot be permitted to proceed with the recovery as threatened in Exhibit P2. The Society would have to take fresh proceedings for sale of the property, which would have to comply with the Act and the Rules.
5. However, considering the fact that the writ petition is pending before this Court from 2008, the respondent-Society is directed to keep in abeyance the proceedings initiated for sale of WP(C).No.26703 of 2008 - 3 -
the property on condition of the petitioner settling the entire loan in 10 [ten] equal monthly instalments. The respondent-Society shall quantify the dues as on 31.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 12.01.2015 and thereafter; the due date of instalments falling on the 12th of each succeeding month. Default of even one instalment would entitle the Bank to revive the proceedings. On the satisfaction of the dues as per the statement, the Society shall give a statement of the future interest from 31.12.2014 and the same shall be settled as the 11th instalment.
The writ petition is disposed of, granting instalment facility as above. There shall be no order as to costs.
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Sd/- K.Vinod Chandran Judge ( true copy )