IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 OP(C).No. 3117 of 2011(O) ------------------------- AGAINST THE ORDER IN EP.92/2010 IN ARB.REF 157/2009 IN of DISTRICT COURT,KOLLAM .................... PETITIONER (S): -------------------- SAJEEVAN, AGED 48 YEARS, S/O.THANKAPPAN, THADATHIL PUTHEN VEEDU, THUZHAMEL, ANCHAL, KOLLAM. BY ADV. SRI.SAJIV.C.K. RESPONDENT(S): --------------- 1. MUTHOOT LEASING AND FINANCE LTD., MUTHOOT CHAMBERS, KURIAN TOWERS, BANERJI ROAD, ERNAKULAM REP. BY ITS POWER OF ATTORNEY HOLDER MR.FELIX RAJ, AGED 30 YEARS, S/O.FRANCIS, THARAYIL VEEDUL, KARITHURA , CHAVARA P.O., KOLLAM, PI – 691 583. (*)2. C.V.RAJALAKSHMI, ARBITRATOR, SAYOOJYAM, DEEPAM LANE, MAMANGALAM, ERNAKULAM PIN 682024. (DELETED) (*)SECOND RESPONDENT IS DELETED FROM PARTY ARRAY VIDE JUDGMENT DATED 27.09.2011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.3117/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REPAYMENT SCHEDULE SHOWING THE REMITTANCE EXT.P2 TRUE COPY OF THE EP NO.92/2010 IN ARBITRATION REF. NO.157/2009 OF DISTRICT COURT, KOLLAM EXT.P3 TRUE COPY OF THE SALE NOTICE IN EP NO.92/2010 OF DISTRICT COURT, KOLLAM EXT.P4 TRE COPY OF THE VAKALATH EXT.P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR COPY OF THE ARBITRATION AWARD. //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3117 of 2011 -------------------------------------- Dated this the 27th day of September, 2011. JUDGMENT Second respondent is not a necessary party to this proceeding and hence she is removed from the party array. Registry shall carry out necessary correction in the cause title. 2. Exhibit P3, sale notice is under challenge. The respondent obtained an award against petitioner and his wife in Arbitration Reference No.157 of 2009 for realisation of money from them and sought execution of the award in the court of learned District Judge, Kollam in E.P.No.92 of 2010. Respondent has brought up the property of petitioner for sale. The sale is scheduled to be held on 28.09.2011 as per Ext.P3. 3. Though various contentions are raised in this petition, learned counsel has requested to permit petitioner pay the amount in installments. Having heard learned counsel I am inclined to permit petitioner request the executing court for facility to pay the amount in installments but subject to conditions. Resultantly this Original Petition is disposed of in the following lines: i. Petitioner is permitted to request the executing court for installment facility to pay the amount due in installments. If any such request is made, executing court shall decide on that request after hearing counsel for O.P(C) No.3117 of 2011 2 respondent also. ii. It is directed that the sale of property of petitioner scheduled to be held on 28.09.2011 will stand adjourned to a day after one month from that day subject to the following conditions: (a) Petitioner shall file an affidavit in the executing court before the time scheduled for sale waiving fresh proclamation for such sale. (b) Petitioner shall deposit in the executing court for payment to the respondent `50,000/- (Rupees fifty thousand only) within two weeks from this day. iii. In case any of the conditions [(a) and (b)] is not complied, it will be open to the executing court to proceed with the execution pursuant to Ext.P3, sale notice. THOMAS P.JOSEPH, Judge. cks