IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 21429 of 2010(C) --------------------------------------- PETITIONER: ------------------- KERALA KERAKARSHAKA SAHAKARANA FEDERATION LTD.NO.4370, (AN APEX CO-OPERATIVE SOCIETY), KERA TOWER, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.MOHAMMED SHIRAZ, S.C. RESPONDENTS: ------------------------ 1. KERALA CO-OPERATIVE TRIBUNAL, PANDARATHOPPU LANE, SREEKANDEWARAM, FORT P.O., THIRUVANANTHAPRUAM – 695 023. 2. SIDHARTH POLYMERS, 1/1-2, 1ST CROSS, WILSON GARDENS, BANGALORE -560 027, REPRESNTED BY IT'S PROPRIETIX, MRS.SINI JOSHI. R1 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R2 BY ADVS. SRI.P.SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.21429 of 2010 ---------------------------------------- Dated 24th September, 2010 JUDGMENT The petitioner was the respondent in ARC.No.32/2004 which was filed by the second respondent herein. Ext.P1 is the award passed in the said ARC whereby the petitioner was directed to pay Rs.11 lakhs with 9% interest from the date of presentation of the claim along with a cost of Rs.5,000/-. Aggrieved by Ext.P1 award, the petitioner preferred an appeal before the Kerala Co-operative Tribunal as Appeal No.26 of 2010. The petitioner moved a petition before the Tribunal for staying the execution of the award. The Tribunal granted interim stay as per Ext.P3 order on condition that the petitioner should deposit the amount awarded as per Ext.P1 award. Pursuant to Ext.P3 order, the petitioner had drawn a Demand Draft and produced it before the Tribunal. The petitioner apprehends that the Demand Draft would be handed over to the second respondent. The said apprehension cannot be said to be unfounded in view of the specific statement made in the writ petition that on 2.7.2010 the Tribunal had observed regarding the absence of provision for keeping the Demand Draft in the custody of the Tribunal and that an order would be passed to release the Demand Draft to the second respondent. It is in the said circumstances that this writ petition has been filed. WP(C).No.21429/2010 2 2. The second respondent entered appearance in this writ petition. The learned counsel for the second respondent submits that the usual procedure that is being followed is to deposit the amount awarded in ARC in the Government Treasury. Instead of following the said procedure, in this case, the petitioner has produced a Demand Draft before the Tribunal. It is in the said circumstances that the said observation was made on 2.7.2010. The learned counsel for the petitioner submits that in case the Demand Draft now kept in the custody of the Tribunal is returned, the petitioner would deposit the amount in the Government Treasury following the usual procedure. The learned counsel for the second respondent submits that the interim order passed by this Court on 9.7.2010 was misinterpreted and on account of the order of status quo passed by this Court, even the appeal was not being taken up for consideration. Admittedly, the petitioner has already produced the Demand Draft before the Tribunal and it is in the custody of the Tribunal. Considering the rival contentions I am of the view that the Tribunal should return the Demand Draft to the petitioner for the purpose of depositing the amount covered as per Ext.P1 award in the Government Treasury following usual procedure and to comply with Ext.P3 order. Therefore, the Tribunal shall return the Demand Draft WP(C).No.21429/2010 3 within a week from the date of receipt of a copy of this judgment to the petitioner and, in turn, the petitioner shall deposit the amount covered as per Ext.P1 in terms of Ext.P3 within one week thereafter, to enable the Tribunal to proceed with the appeal. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS