1. Petitioner is aggrieved with the sale of his property made in pursuance to the recovery proceedings initiated for satisfaction of a defaulted loan account. The petitioner admits the default and challenges the sale on two grounds. One is that the entire property should not have been sold and the other, he had filed Ext.P3 representation against the sale, which has not been considered.
2. Petitioner, having committed default in the loan account, was proceeded against under Section 69 of the Kerala Co-operative Societies Act, 1969 by ARC No.698 of 2005. An award was W.P.(C)No.25789 of 2009 -:2:-
obtained by the respondent Bank pursuant to which execution proceedings as per EP No.733/2006. The mortgaged property in the loan account was brought to sale and the bank purchased the same for Rupees three lakhs. The sale itself was concluded on 27.2.2009.
3. On an application made as per Ext.P3 to set aside the sale, the Sale Officer directed deposit of the entire amounts, within one month from 24.7.2009. Admittedly, the same has not been deposited. The property itself was purchased in the year 2009 and no order can be issued for re-conveyance of the same, even on deposit, at this stage. Writ petition is, hence, dismissed.
K. Vinod Chandran, Judge.
sl.