IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 WP(C).No. 21770 of 2008(N) -------------------------- PETITIONER(S): --------------- 1. A.E. CHERIAN, S/O. ITTI AVIRA, ALAVELIL HOUSE, MANKARA.R.S (P.O), PALAKKAD. 2. SHAJI, S/O. A.E. CHERIAN, ALAVELIL HOUSE, MANKARA R.S (P.O), PALAKKAD. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS(S): ---------------- 1. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., REP. BY ITS MANAGER, PALAKKAD. 2. THE SALE OFFICER, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., PALAKKAD. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. R1 BY ADV. SRI.M.P.ASHOK KUMAR SRI.M.M.MONAYE R2, R3 BY GOVT. PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21770 OF 2008 & I.A.No.12057 OF 2008 ------------------------------------------- Dated this the 23rd day of September, 2008 JUDGMENT Petitioners faced execution proceedings consequent on an award under the Kerala Co-operative Societies Act, 1969. First respondent is the creditor and second respondent is the Sale Officer. The parties were before this Court on different rounds, including before the Division Bench, which issued Ext.P7 judgment. Thereafter, the petitioners filed W.P(C).19832/08 taking the stand that they have made certain remittances which have not been duly credited in the account during the course of sale. Therefore, Ext.P12 judgment was issued by this Court. Pursuant to that, the petitioners filed Ext.P13 before the second respondent Sale Officer. As stated in Ext.P12, it is the Sale Officer who has to consider the objections of the petitioners to the amounts fixed for recovery and the sale proceedings can be finalised only thereupon. This means that further listing of the property for sale can be had only if final decision is taken on WPC.21770/08 Page numbers Ext.P13. I am satisfied that there is considerable force in the contention of the petitioners that in spite of different remittances, the issue is far from settling. It also needs to be noticed that even after the institution of this writ petition, an amount of Rs.1.5 lakhs has been paid and the petitioners' contention, as of now, is that only an amount of Rs.24,000/- would be due from them to the Bank. 2. Without expressing anything on merit and having regard to Ext.P12 judgment, this writ petition is ordered directing that if the petitioner deposits an amount of Rs.25,000/- with the first respondent, Ext.P13 will be taken up, considered and decided upon and only thereafter, would any sale proceedings be held. Let the needful be done within a period of three months from the date of receipt of a copy of this judgment and the petitioner will make deposit of the aforesaid amount within three weeks from now. The writ petition is ordered accordingly, leaving open all contentions on merits. WPC.21770/08 Page numbers I.A.No.12057/08 In view of the disposal of the writ petition itself, interim orders would stand worked out and no further orders are called for in this I.A. It is, hence, closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.