IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WA.No. 1574 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.1047/2009 .................... APPELLANT/ PETITIONER ------------------------ T.P.ANTONY,S/O.T.O.PAUL,AGED 43 YEARS, THENKUZHY HOUSE,NJARAKKAL.P.O,ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU (MANJINIKARA) RESPONDENTS/ RESPONDENTS -------------------------- 1. THE SPECIAL SALES OFFICER, ERNAKULAM DISTRICT CO-OPERATIVE BANK,KAKKANAD, ERNAKULAM,PIN-682 030. 2. THE BRANCH MANAGER,ERNAKULAM DISTRICT CO-OPERATIVE BANK, NJARAKKAL BRANCH,NJARAKKAL.P.O, ERNAKULAM DISTRICT,PIN-682505. 3. ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS GENERAL MANAGER,KAKKANAD, ERNAKULAM,PIN-682 030. BY SPECIAL GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------- W.A No.1574 of 2010 -------------------------- Dated this the 16th September, 2010 J U D G M E N T Ramachandran Nair, J. Heard learned counsel for the appellant and learned counsel for respondent Bank. 2. We do not find any thing in the judgment of the learned Single Judge warranting interference in appeal by us. Appellant is challenging the sale in recovery proceedings by the Sale Officer pursuant to award passed by the Arbitrator. Arbitration award itself is not under challenge. Petitioner's prayer for granting relief under a circular was granted by this Court through an interim order which is recorded in the judgment itself. No illegality or irregularity is brought to the notice in the proceedings initiated by the Sale Officer. We, therefore, find no merit in the appeal and the same is dismissed. If any payment is not reckoned, certainly the Sale Officer will take into account the grievance of the petitioner and redress the grievance. If W.A No.1574 of 2010 2 there is any mistake in the award, it is up to the appellant to seek correction. The Sale Officer or Recovery Officer will verify the account so that any amount recovered in excess over what is due, should be refunded to the appellant. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE ma