IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4880 of 2008(E) ------------------------- PETITIONER: ------------ N.A.SALEEM,S/O. ABDUL REHMAN,RESIDING AT KOLADI HOUSE, VADANAPPALLY VILLAGE, CHAVAKKAD TALUK, TRICHUR DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS: ------------- 1. THE ASST.REGISTRAR, ARBITRATOR CUM SPECIAL SALE OFFICER TRICHUR DISTRICT CO-OPERATIVE BANK LTD KURUPPAM ROAD, TRICHUR 680001. 2. THE TRICHUR DISTRICT CO-OPERATIVE BANK LTD KURUPPAM ROAD, TRICHUR . BY SENIOR GOVERNMENT PLEADER SMT.A.G.ANEETHA FOR R1 SRI.V.G.ARUN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 4880 OF 2008 = = = = = = = = = = = = = = = = = = Dated this the 11th day of February, 2008. = = = = = = = = = = = = = = = = = = = = = = = = J U D G M E N T Having regard to the nature of the orders being issued hereunder, notice to the 2nd respondent is dispensed with preserving his right to move this court for review of this judgment, if aggrieved. Learned Standing Counsel appears for the 1st respondent. 2. The petitioner, who, going by Ext.P1 had suffered an arbitration award faces execution proceedings by institution of E.P. No. 788/04. He confines his submission that he has not been served a copy of the award, while this could be disputed by the 2nd respondent. 3. This writ petition is disposed of directing that the petitioner on production of a copy of this judgment and making the payment of due, if any, the petitioner will be issued a copy of the award. It is clarified that the issuance of this judgment shall not impair the right of the 2nd respondent to contest in further proceedings, that may be initiated by the petitioner, even on the W.P.(C).No. 4880 OF 2008 2 ground of delay. The admitted fact being that the petitioner had availed a loan of Rs. 15 Lakhs, it is clarified that execution proceedings shall not be held back merely on account of issuance of this judgment, since the recovery going as per Ext.P1 dated 10.1.2008 is for an amount of Rs. 33,81,058 (Thirty three Lakhs Eighty one Thousand and Fifty eight only). THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-