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. 21802 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. R. VIKRAMAN, VAYALIL PUTHEN VEEDU, MUNDAKKAL, KOLLAM. 2. SHEELA, W/O. VIKRAMAN, VAYALIL PUTHEN VEEDU, MUNDAKKAL, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE QUILON CO-OPERATIVE URBAN BANK LIMITED NO. 960, KOLLAM, REP. BY ITS SECRETARY. 4. THE ASSISTANT REGISTRAR/ARBITRATION-CUM- SPECIAL SALE OFFICER, THE QUILON CO-OPERATIVE URBAN BANK, KOLLAM. 5. THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. R1, R2, R3, R4 BY GOVT. PLEADER SRI.I.V.PRAMOD R3 BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.21802/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RECEIPT DATED 5.1.2005 FOR RS.49,875/-. EXT.P1(a): A TRUE COPY OF THE RECEIPT DATED 5.1.2005 FOR RS.125/-. EXT.P2: A TRUE PHOTOCOPY OF THE AWARD DATED 13.1.2006 PASSED BY THE 4TH RESPONDENT. EXT.P3: A TRUE PHOTOCOPY OF THE INTERIM ORDER OF KERALA CO- OPERTIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 16.11.2006. EXT.P4: A TRUE COPY OF THE RECEIPT DATED 27.1.07 FOR RS.40,000/- ISSUED BY THE 3RD RESPONDENT. EXT.P5: A TRUE PHOTOCOY OF THE AWARD OF THE KERALA CO- OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 8.8.07. EXT.P6: A TRUE PHTOTOCOPY OF THE PETITION FOR MODIFYING THE AWARD DATED 5.2.2008. EXT.P7: A TRUE COPY OF THE RECIEPT DATED 8.12.07 FOR AN AMOUNT OF RS.17,800/-. EXT.P7(a): A TRUE COPY OF THE RECEIPT DATED 8.12.07 FOR AN AMOUNT OF RS.3378/-. EXT.P8: A TRUE COPY OF THE RECEIPT DATED 31.3.08 FOR AN AMOUNT OF RS.15,000/-. EXT.P9: A TRUE COPY OF THE RECEIPT DATED 18.3.2008 FOR AMONT OF RS.20,000/-. EXT.P10: A TRUE COPY OF THE RECEIPT DATED 21.4.2008 FOR AN AMOUNT OF RS.5,000/-. EXT.P11: A TRUE COPY OF THE RECEIPT DATED 26.4.2008 FOR AN AMOUNT OF RS.24,000/-. WPC.21802/08 RESPONDENTS' EXHIBITS: EXT.R3(a): A PHOTOSTAT COPY OF LEDGER FROM 1.1.2001 TO 18.10.2008. EXT.R3(b): PHOTOSTAT COPY OF SECRETARY'S NOTE DATED 20.10.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.21802 OF 2008 ------------------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner faced recovery proceedings on the basis of an arbitration award under the Kerala Co-operative Societies Act, 1969. It appears that there was a Revision Petition before the Co-operative Tribunal. The challenge to the award of the Co- operative Tribunal fails particularly because the Tribunal's order dated 8.8.2007 is challenged only after nearly one year and because the petitioner has not been able to demonstrate any ground to interfere with those orders. But the learned counsel for the petitioner is right in pointing out that any amount paid by the petitioner towards the decree debt in terms of the award and also under the One Time Settlement Scheme will be given due credit to. That issue is one relatable to due execution, discharge and satisfaction of the arbitration award as modified by the Tribunal. It is within the authority of the 4th respondent to consider all such disputes because finality of the execution proceedings has to be had at his hands. Hence, it is ordered that WPC.21802/08 Page numbers recovery proceedings against the petitioner will stand suspended for a further period of two months, within which time, the 4th respondent will look into the question whether the award has been satisfied and if any further amounts are due, the petition will be put to notice of such amounts and will be given three weeks' time to pay the same. Further execution proceedings will proceed only on default of payment of such amounts. To enable this proceedings, the petitioner and the third respondent are directed to mark their attendance before the 4th respondent on 4.12.2008. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.