IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 25128 of 2008(N) -------------------------- PETITIONER: ------------ ANTO AGED 35 YEARS, S/O JOHNY, MENACHERY HOUSE, MARATHAKKARA P.O., THRISSUR DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENTS: ------------- 1. THE THRISSUR DISTRICT CO-OPERATIVE BANK LTD., NO. 1969,OLLUR BRANCH, REPRESENTED BY ITS SECRETARY. 2. THE ARBITRATOR-CUM SPECIAL SALE OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., NO. 1969, THIRUVAMPADI P.O., THRISSUR 680 022. R1 BY ADV. SRI.V.G.ARUN,SC, SRI.T.R.HARIKUMAR,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.25128 OF 2008 ------------------------------------------- Dated this the 28th day of August, 2008 JUDGMENT The petitioner challenges Ext.P1 notice listing an item of property for sale in execution of an arbitration award. The award was passed in 1999 and the execution petition was filed in 2005 leading to Ext.P1 notice for sale. I find no jurisdictional error or legal infirmity in the impugned proceedings which are supported by the provisions of the Kerala Co-operative Societies Act and Rules. Faced with this situation, learned counsel for the petitioner, giving up all other contentions, confined his submissions to request that the petitioner may be permitted to pay off the outstandings in instalments. Learned counsel for the first respondent is right in pointing out that though the petitioner deposited an amount of Rs.25,000/- following the interim order dated 20.8.2008, the loan was availed in 1995 and the arbitration proceedings have commenced in 1999. WPC.25128/08 Page numbers In the aforesaid circumstances, this writ petition is ordered directing that the impugned proceedings will be withheld if the petitioner deposits the entire outstandings, including accruals, in six equal monthly instalments, payable on or before the last working day of every month commencing from September, 2008, after giving due credit to amounts already remitted. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled forthwith and the bank will be entitled to proceed with further action. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.