IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 WP(C).No. 4279 of 2009(H) ------------------------------------ PETITIONER(S): ----------------------- K.V.MATHAI, AGED 65 YEARS, S/O.VARKEY KOCHUNIRAVATH HOUSE, RAJAKUMARY SOUTH PO RAJAKUMARY KARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.PADAYATTEE YELDO RESPONDENT(S): ------------------------- 1. IDUKKI DISTRICT CO-OPERATIVE BANK RAJAKUMARY REPRESENTED BY THE GENERAL MANAGER IDUKKI COLONY PO, VAZHATHOPP, IDUKKI. 2. THE SPECIAL SALE OFFICER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD IDUKKI DISTRICT. R2 BY SPECIAL GOVERNMENT PLEADER SMT.K.G.ANITHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) No. 4279 of 2009-H ---------------------------------------------- Dated, this the 10th day of February, 2009 J U D G M E N T Petitioner has availed a loan from the first respondent. Failure in repayment led the arbitration award in proceedings of 2007. That has been put in execution and the petitioner is issued a demand notice, Ext.P7 on 12.1.2009. Petitioner has filed this writ petition as if he does not know the total outstandings and has sought statement regarding total outstanding from the first respondent The award has become final. The amounts due under the award is firm amount. Any deduction on that may be permissible only by the first respondent or in accordance with any circular binding on the first respondent. If the petitioner is entitled to the benefit of any such provisions it is for him to raise it before the second respondent who is executing the award. Any question incidental to such claims by the petitioner are matters relating to the due execution, discharge and satisfaction of the arbitration award, therefore, within the scope of the execution proceedings. It is unnecessary for this court to issue any directions touching such matters. The writ petition fails, and the same is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE MS