IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 19793 of 2010(Y) ------------------------------------- PETITIONER(S): ---------------------- MUHAMMEDKUTTY, S/O.HYDRU, AGED 65 YEARS, THANAPARAMBIL HOUSE, EDAKKAZHIYOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): ------------------------ 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK, REPRESENTED BY ITS BRANCH MANAGER, VADAKKEKAD BRANCH, VADAKKEKAD, THRISSUR DISTRICT. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES/ARBITRATOR-CUM-SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK, SAHAKARANA SATHABDHI MANDIRAM, TUPA ROAD, THIRUVAMBADY P.O., THRISSUR DISTRICT - 680 022. GOVERNMENT PLEADER MR.M.A.ASIF FOR R2 MR.P.C.SASIDHARAN, SC., FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19793 of 2010(Y) 2 APPENDIX EXT. P1 : TRUE COPY OF THE SALE DEED NO.540/2000 OF S.R.O. ANTHATHODE. EXT.P2 : TRUE COPY OF THE SALE NOTICE DATED 3.5.2010 BY THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE C.T.RAVIKUMAR, J. ----------------------------------------- W.P. (C) NO.19793 OF 2010 ---------------------------------------- Dated this the 23rd day of September, 2010. JUDGMENT The petitioner had availed a loan from the first respondent Bank in the year 2001. Default in repayment constrained the respondent to resort to arbitration proceedings. An ex-parte award was passed in ARC No.290 of 2007 as per which the respondents are entitled to realize Rs.1,09,847/- as on 28.2.2010. Subsequently Ext.P2 sale notice has been served on the petitioner. It is in the said circumstances that this writ petition has been filed. While admitting this writ petition, this court passed an interim stay of all further proceedings pursuant to Ext.P2. The petitioner submits that in compliance with the order, an amount of Rs.25,000/- was paid as against the amount demanded. The learned counsel appearing for the petitioner submits that in fact the petitioner cannot as a matter of right claim for instalment facility and raise grievances against the action on the part of the respondents in taking appropriate steps for execution of the award. Since this Court has already permitted the W.P. (C) NO.19793 OF 2010 2 petitioner to make the payment of an amount of Rs.25,000/- towards the amount to be realized under the award, I am of the view that this writ petition can be disposed of permitting the petitioner to pay the balance amount covered as per the award and also the interest thereafter, in 5 equal monthly instalments. The first instalment is to be paid on or before 8.10.2010. The balance instalments shall be paid on 8th day of every succeeding months. It is made clear that in case of the failure on the part of the petitioner to remit the amount as directed, it will be open to the respondents to initiate appropriate steps for realisation of the award amount covered as per the order, in terms of Ext.P2. Till such time, all coercive steps shall be kept in abeyance. C.T.RAVIKUMAR, JUDGE. mns