IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36322 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. BINEESH S/O. JOSEPH,AGED 32 YEARS, CHENAMKULATH, PANNIKODU DESOM, KODIYATHOOR, CALICUT. 2. JOSEPH, S/O.ULAHANAN, AGED 56 YEARS, CHENAMKULATH, PANNIKODU DESOM, KODIYATHOOR, CALICUT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. KOODARANHI CO.OPERATIVE RURAL HOUSING SOCIETY LTD. REGUSTRTUIB BI.D2323,KOODARANHI P.O., CALICUT.REPRESENTED BY ITS SECRETARY. 2. THE SENIOR INSPECTOR OF COOPERATIVE SOCIETIES/ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE. 3. THE STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMEN, SECRETARIAT, THIRUVANANTHAPURAM. R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36322 OF 2008 ------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Heard learned counsel for the petitioners and learned Government Pleader for the third respondent. Having regard to the order being issued hereunder, notice to respondents 1 and 2 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Petitioners suffered an arbitration award and is facing execution proceedings. The total amount fixed for recovery in December, 2004 is Rs.1,73,610/-. I find no jurisdictional error or legal infirmity in the impugned proceedings. With the request of the petitioners for an opportunity to pay off the outstandings, it is ordered that if the petitioners deposit an amount of Rs.25,000/- at or before the time fixed for sale on 17.12.2008 and continues to deposit amounts at the rate of Rs.25,000/- per month, payable on or before the 15th of every month commencing from January, 2009, the sale proceedings will stand suspended WPC.36322/08 Page numbers and ultimately dropped. However, if there is default in remitting any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.