IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 27195 of 2008(K) -------------------------------------- ARC.225/2004 of SUB COURT, QUILANDY .................... PETITIONER(S): ---------------------- HARIDASAN, S/O. NARAYANA KURUP, HARIPURAM, PALAYAD NADA.P.O, IRINGAL VIA, KOZHIKODE DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------ 1. KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., MANIYOOR BRANCH, MANTHARATHUR.P.O, VATAKARA, KOZHIKODE, REPRESENTED BY ITS GENERAL MANAGER. 2. THE ARBITRATOR/SPECIAL SALE OFFICER, KOZHIKODE DISTRICT CO-OPERATIVE BANK, JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, KALLAI ROAD, KOZHIKODE. 3. KERALA STATE FARMERS DEBT RELIEF COMMISSION, ANAYARA, PETTAH, THIRUVANANTHAPURAM. 4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. * ADDL. R5 IS SUO MOTU IMPLEADED ADDL. R5: SRI.V.K.ACHUTHA KURUP, VIDYA BHAVAN, PALAYATTUNADA P.O., VADAKARA, KOZHIKODE. * MENTIONED IN EXT.P7 IS SUO MOTU IMPLEADED AS PER ORDER DATED 05/09/2008. R2, R4 BY GOVERNMENT PLEADER ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 SRI.PULIKKOOL ABUBACKER FOR R5 SRI.ZUBAIR PULIKKOOL FOR R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.27195 of 2008 ================================== Dated this the 17th day of November, 2008. JUDGMENT This writ petition is filed by a debtor of the first respondent. He suffered an arbitration award under the Kerala Co-operative Societies Act, 1969 and carried it in revision before the Co-operative Tribunal, which modified the award. The Tribunal also granted an instalment facility. While the matter was pending before the Tribunal, the first respondent had initiated execution proceedings before the second respondent. That was carried on and has now led to a sale in favour of the additional fifth respondent. It is stated that even documents have been executed transferring the title over the property to the fifth respondent. Petitioner has two fold contentions. According to him, after the Co-operative Tribunal modified the award, there was no fresh demand on the basis of WPC27195/08 -:2:- the modified award and this vitiates the sale. The first respondent contends that demand notices were issued on the basis of the modified award. This controversy calls for adjudication of disputed questions of fact related to that issue. The second contention is that the third respondent, Kerala State Farmers Debt Relief Commission, had issued certain interlocutory orders staying the recovery proceedings against the petitioner and the impugned execution proceedings and sale were carried out when such stay orders were in force. He also contends that the first respondent bank thereafter has got the proceedings before the Debt Relief Commission closed. The question whether the sale was held on the teeth of binding stay orders is a matter to be considered. It has also to be considered as an issue of fact, particularly when, there is serious dispute on this issue even going by the counter affidavit filed by the second respondent. WPC27195/08 -:3:- In the aforesaid circumstances, it is seen that the petitioner has alternate efficacious alternate remedy under the KCS Act and Rules to challenge the impugned sale and execution proceedings before the competent authority. Preserving that right and directing that the fifth respondent shall not alienate or encumber the property for a period of three months to facilitate the petitioner to move any such proceedings, this writ petition is closed. Thottathil B.Radhakrishnan, Judge. sl.