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Madras High Court · body

2016 DIGILAW 266 (MAD)

G. Kamaraj v. Registrar of Co-Operative Society, Chennai

2016-01-22

N.KIRUBAKARAN

body2016
ORDER : 1. Petitioner has challenged the impugned sale notice to auction the property of the petitioner for not discharging the loan availed by him from the fourth respondent Society. Therefore, challenging the said auction notice, the petitioner is before this Court. 2. When the matter is taken up today for hearing, the learned Counsel appearing for the respondents submits that as per G.O.Ms.No.139 dated 17.12.2014, a waiver scheme has been formulated by the Government and the petitioner is entitled to the benefit under the said G.O. In fact, the petitioner entered into an agreement on 26.10.2015, by which, the total liability of Rs. 26,59,756/- has been reduced to Rs.14,63,195/- and to avail the said benefit the petitioner is required to pay 25% of the reduced amount and accordingly, he also paid it on 26.10.2015. The balance amount is required to be paid within six months. He also produced the relevant records in this regard. 3. Heard the learned Counsel appearing for the petitioner. He also agreed to pay 25% and only wants longer time to pay the balance amount. 4. When a benefit is given by an order, the responsibility is cast upon the party and the same has to be discharged. As the petitioner already paid 25% on 26.10.2015, the balance amount of 75% is required to be paid by him as per the said G.O. Accordingly, the writ petition is disposed of, with a direction to the petitioner to pay the balance amount as per the agreement entered into between the fourth respondent and the petitioner, dated 26.10.2015. No costs. Consequently, the connected Miscellaneous petition is closed.