IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34257 of 2008(C) -------------------------- PETITIONER(S): --------------- E.K.RAJAN, AGED 48 YEARS, S/O.KRISHNANKUTTY, KOLAZHI DESOM, KOLAZHI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. THE THRISSUR DISTRICT ARECANUT (ADAYKKA) MARKETING CO-OPERATIVE SOCIETY LTD.NO.R.169. KOKLALAI, THRISSUR DISTRICT, REPRESENTED BY ITS PRSIDENT. 2. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 3. N.G.NARAYANAN, S/O.GOVINDAN, NARANGALIL HOUSE, POTTORE P.O., THRISSUR. R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34257 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT Having regard to the nature of the directions being issued hereunder, notice to respondents 1 and 3 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for the second respondent. 2. The first respondent obtained an arbitration award under the Kerala Co-operative Societies Act, 1969 as against the third respondent. That is put in execution. The third respondent has filed R.P.No.58/08 before the Kerala Co-operative Tribunal constituted under the KCS Act. The petitioner is the assignee of an item of property that belonged to the third respondent. In the course of execution of the award, that property has been attached. The petitioner aspires to resurrect that property from attachment for his personal purpose. He states that he had WPC.34257/08 Page numbers already submitted a pay order for the principal amount before the Tribunal and that the said matter is pending consideration. 3. After arguing the matter for some time, the petitioner agrees to deposit the entire amount covered by the arbitration award, including the interest component, before the learned Tribunal to be dealt with in accordance with the decision that the Tribunal may render in the Revision Petition. The Tribunal could also consider whether the monies so deposited could be released to the first respondent, subject to the result of the Revision Petition, so that the debtor under the award would not suffer any further liability to pay interest, while he would be entitled to refund of any amount, if found due on the basis of the decision that the learned Tribunal may ultimately render on the Revision Petition. Hence, it is directed that the petitioner will deposit the entire amount as aforesaid before the Kerala Co-operative WPC.34257/08 Page numbers Tribunal and seek appropriate orders in the light of what is stated above. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.