IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7335 of 2009(J) ------------------------- PETITIONER(S): --------------- K.P.VARGHESE, AGED 40 YEARS, S/O.K.V.POULOSE, KALAN HOUSE, NELLAI, TRICHUR DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.A.MUHAMMED HASHIM RESPONDENT(S): --------------- 1. IRINJALAKUDA TOWN CO-OP. BANK LTD. NO.55 IRINKALAKUDA, TRICHUR DISTRICT, REP. BY ITS SECRETARY. 2. ARBITRATOR-CUM-SALE OFFICER, IRINJALAKUDA TOWN CO-OP. BANK LTD. NO.55, IRINJALAKUDA, TRICHUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 7335 OF 2009 ............................................ DATED THIS THE 6TH DAY OF MARCH, 2009 JUDGMENT Notice to respondents is dispensed with, preserving their right to move for review of this judgment, if aggrieved. The petitioner suffered an arbitration award under Kerala Co-operative Societies Act and is facing recovery proceedings in enforcement of that award. The materials on record itself would show that from 2007, execution proceedings had reached the stage of sale. All that the petitioner says is that a business activity in second hand motor cars failed and this led to financial debacle and sale would throw out the petitioner from his residential building. With the passage of time, it may not be proper for this court to make any order, but to direct the respondents to entertain any request of the petitioner for adjournment of sale on condition that petitioner deposits an amount of Rs.2,00,000/- at or before the time fixed for sale and remitting the remaining amounts in four equal monthly WP(C) 7335/2009 2 instalments payable on or before 16th of every month, commencing from April 2009. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/3