IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 15764 of 2007(B) ---------------------------------------- PETITIONER: --------------------- K.P.SAVITHRI, W/O.KRISHNADAS, THONIPPARA HOUSE, ERATHUVADAKARA KARA, VELLAVOOR VILLAGE, CHANGANACHERRY TALUK. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ------------------------- 1. THE NEDUMKUNNAM RURAL CO-OPERATIVE HOUSING SOCIETY (NO.K-100) AT NEDUMKUNNAM REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHANGANACHERRY. 3. THE INSPECTOR OF CO-OPERATIVE SOCIETIES FOR ARBITRATION AND EXECUTION, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHANGANACHERRY. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE BUILDING, KOTTAYAM. R1 BY ADV. SRI.P.M.SEBASTIAN SRI.M.R.MOUNEESH BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15764/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF 1ST RESPONDENT'S PLAINT DTD. 30/09/03 FILED BEFORE 2ND RESPONDENT AS A.R.C.NO.1711/03. EXT.P2: COPY OF AWARD DTD. 19/04/04 OF 3RD RESPONDENT PASSED ON A.R.C.NO.1711/03. EXT.P3: COPY OF 3RD RESPONDENT'S NOTICE DTD. 28/07/05 COMMUNICATED TO PETITIONER'S HUSBAND. EXT.P4: COPY OF 3RD RESPONDENT'S NOTICE DTD. 30/08/06 COMMUNICATED TO PETITIONER AND HER HUSBAND. EXT.P5: COPY OF PETITIONER'S COMPLAINT DTD. 20/09/06 LODGED BEFORE 4TH RESPONDENT. EXT.P6: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 22/08/05 ISSUED TO PETITIONER FOR RECEIVING RS.5,000. EXT.P7: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 24/12/05 ISSUED TO PETITIONER FOR RECEIVING RS.34001.00. EXT.P8: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 30/03/06 ISSUED TO PETITIONER FOR RECEIVING RS.3,000/- EXT.P9: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 31/08/06 ISSUED TO PETITIONER FOR RECEIVING RS.3,000/- EXT.P10: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 03/10/06 ISSUED TO PETITIONER FOR RECEIVING RS.3,000/- EXT.P11: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 16/06/04 ISSUED TO PETITIONER FOR RECEIVING RS.25.000/- EXT.P12: COPY OF 1ST RESPONDENT'S RECEIPT DTD. 26/10/04 ISSUED TO PETITIONER FOR RECEIVING RS.30,000/-. EXT.P13: COPY OF 3RD RESPONDENT'S REGISTERED AUCTION NOTICE DTD.11/04/07 COMMUNICATED TO PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15764 of 2008 ================================== Dated this the 26th day of March, 2008. JUDGMENT Petitioner and the first respondent are at dispute regarding the discharge, satisfaction and execution of an arbitration award. Ext.P13 is a notice for sale. In terms of the interim orders, the petitioner has deposited different amounts. According to him, there is excess remittance. Petitioner, having made remittance in terms of the interim orders dated 24-5-2007 and 3-1-2008, this writ petition is disposed of directing that the petitioner may appear before the authority excluding the award in question and request for a determination of amounts that may be due either from her to the first respondent or from the first respondent to the petitioner if there is excess payment. To aid such determination, the order of stay is extended by six months directing that on WPC15764/2007 -:2:- the request of the petitioner, the third respondent shall decide the aforesaid issue after hearing the petitioner and the first respondent. Thottathil B.Radhakrishnan, Judge. sl.