IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 20112 of 2007(T) --------------------------------------- PETITIONER: ----------------- R. OMANA, ERATTAKKADA VEEDU, KUREEPUZHA, KAVAD POST, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: -------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ARBITRATION-CUM-SPECIAL SALE OFFICER, THE QUILON CO-OPERATIVE URBAN BANK LTD., KOLLAM. 2. THE SECRETARY, THE QUILON CO-OPERATIVE URBAN BANK LTD.NO.Q-960, KOLLAM. 3. THE BRANCH MANAGER, THE QUILONG CO-OPERATIVE URBAN BANK LIMITED, MAIN BRANCH, KOLLAM. R2 BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU R1 GOVT. PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 20112/2007 T APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE NOTICE DT. 30/11/00 RECEIVED BY THE PETITIONER. EXT.P2. COPY OF THE RECEIPT DT. 30/12/2002 RECEIVED BY THE PETITIONER. EXT.P3. COPY OF THE JUDGMENT DT. 4/11/2004 IN OP NO. 5893/2003 OF THIS COURT. EXT.P4. COPY OF THE AWARD DTD. 15/07/02. EXT.P5. COPY OF THE NOTICE DT. 26/2/2006 RECEIVED BY THE PETITIONER FROM THE R1. EXT.P6. COPY OF THE REPRESENTATION DT. 16/4/2006 FILED BY THE PETITIONER BEFORE THE R2. EXT.P7. COPY OF THE JUDGMENT DT. 12/06/2006 IN WPC NO. 11929/2006 OF THIS COURT. EXT.P8. COPY OF THE PROCEEDING DT. 16/08/2006 ISSUED BY THE GENERAL MANAGER OF THE BANK. EXT.P9. COPY OF THE RECEIPT DT. 16/09/2006. EXT.P10. COPY OF THE RECEIPT DT. 16/10/2006. EXT.P11. COPY OF THE RECEIPT DT. 16/11/2006. EXT.P12. COPY OF THE RECEIPT DTD. 18/12/2006. EXT.P13. COPY OF THE RECEIPT DT. 16/1/2007. EXT.P14. COPY OF THE NOTICE DATED 25/5/2007. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.20112 OF 2007 ------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT The petitioner and her son availed a loan from respondents 2 and 3. That resulted in Ext.P4 award dated 15.7.2002. Execution was taken out and Ext.P1 is a demand notice issued by the Sale Officer. Thereafter, the petitioner came to this Court at least twice as evidenced by Exts.P3 and P7 judgments. When the matter is taken up today, it is pointed out that the petitioner did not comply with even the interim order issued by this Court on 29.6.2007. Learned counsel for the petitioner submits that there is wide disparity between the amount claimed in execution and the amount actually due in terms of the arbitration award. Going by para 13 of this writ petition filed on 29.6.2007, the balance outstandings, according to the petitioner, is Rs.2,94,982/-. In the aforesaid circumstances, this writ petition is disposed of directing that if the petitioner liquidates the aforesaid admitted amount, any dispute as to discharge, WPC.20112/07 2 satisfaction and execution of the award can be decided before the Sale Officer and if the petitioner raises such an objection, that will be considered and disposed of by the Sale Officer. Since the petitioner has not made any deposit in spite of the interim order issued by this Court on 29.6.2007, it is directed that if the entire aforesaid admitted amount is paid within a month from now, distress action shall regulated by what is stated hereinabove. It is clarified that the time limit fixed above shall be treated as peremptory. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.