IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 17392 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. M.V.GANGADHARAN, S/O.KANARAN ALIAS KUTTAN, AGED 68 YEARS, KALLOONDICHALIL HOUSE, PARANOOR AMSOM, PUNNOOR CHERUPALAM DESOM, P.O.PUNNOOR CHERUPALAM, KAKKOOR VILLAGE. 2. BAIJU, S/O.M.V.GANGADHARAN, AGED 34 YEARS, KALLOONDICHALIL HOUSE, PARANOOR AMSOM, PUNNOOR CHERUPALAM DESOM, P.O.PUNNOOR CHERUPALAM KAKKOOR VILLAGE. BY ADV. SRI.A.BALAGOPALAN SRI.K.SANEESH KUMAR RESPONDENT(S): --------------- 1. KOZHIKODE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4362, P.O.PUTHIYARA, KOZHIKODE - 4, REPRESENTED BY ITS SECRETARY. 2. SENIOR INSPECTOR/SPECIAL SALE OFFICER, KOZHIKODE PRIMARY CO-OPERATIVE AGRICUTURAL AND RURAL DEVELOPMENT BANK LTD.NO.4362, P.O.PUTHIYARA, KOZHIKODE - 4. BY ADV. SRI.THOMAS ANTONY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17392 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The petitioners suffered an arbitration award under the Kerala Co-operative Societies Act, 1969 and is facing execution proceedings under that Act and the Rules made thereof. One plea raised by the petitioners is that prior to the proclamation for sale, there was no demand in terms of the Act and the Rules, giving two months' time to pay off the amounts before initiating sale proceedings. But, in writ jurisdiction, that ground does not appear to be one which could find recognition because even after the sale proclamation, it is now more than 3 to 4 months and the petitioners have not paid any amount, other than an amount of Rs.15,000/- following the interim order passed by this Court. Since the second instalment onwards in terms of the interim order were not satisfied, the interim order granted by this Court also stands vacated automatically. Be that as it may, the petitioners have a case that in June, 2008 the first petitioner had entered into an agreement for sale as evidenced by Ext.P4 and WPC.17392/08 Page numbers within six months therefrom, that transaction should fructify. I may note that Ext.P4 agreement is on 2.6.2008 and this writ petition is filed on 10.6.2008. The petitioners can, at the most, aspire only for deferring the sale proceedings till the end of the current year since the creditor, a Primary Co-operative Agricultural and Rural Development Bank, cannot be detained any further from exercising its authority under the KCS Act or the Kerala State Co-operative (Agricultural & Rural Development) Banks Act, 1984 to recoup the amounts disbursed. Under such circumstances and taking the petitioners' case as an extraordinary one, the impugned sale proceedings will stand deferred as a last chance till 3.1.2009. All other contentions are rejected. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.