IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35083 of 2010(I) -------------------------------------- PETITIONER(S): ----------------------- RAVINDRAN,AGED 45,S/O.APPUKUTTAN, KANDAMPULLY HOUSE,P.O CHOONDAL - 680 502. BY ADV. SMT.O.H.NAZEEBA RESPONDENT(S): ------------------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,ARBITRATION OFFICER,THRISSUR CO-OPERATIVEN BANK LTD,SAHAKARANA SATHARADHY MANDIRAM,TUDA ROAD,THIRUVAMPADY P.O,THRISSUR-22 2. THE DISTRICT CO-OPERATIVE BANK LTD, THRISSUR,REPRESENTED BY ITS GENERAL MANAGER PIN - 680 502. 3. THE BRANCH MANAGER,THRISSUR DISTRICT CO-OPERATIVE BANK LTD,KUNNAMKULAM - 680 503. 4. THE AUTHORIZED OFFICER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD THRISSUR - 680 502. R2 TO R4 BY ADV.SRI. P.C. SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.35083 of 2010 ---------------------------------------- Dated 23rd November, 2010 JUDGMENT The petitioner had availed a loan of Rs.1,46,000/- from the second respondent on 6.8.2001. Failure on the part of the petitioner to effect prompt repayment made the second respondent to resort to arbitration proceedings. Admittedly, in ARC.No.11 of 2006 an award was passed against the petitioner and permitting the second respondent to realise the amount outstanding together with the interest and the incidental charges. Thereupon, an execution petition has been filed by the second respondent. Even thereafter the petitioner did not clear the liability. It is in the said circumstances that Ext.P1 sale notice has been issued. This writ petition has been filed in the said circumstances. In view of the admitted position as obtained above, the petitioner cannot legally challenge Ext.P1. Admittedly, the petitioner did not successfully challenge the award in ARC.No.11 of 2006. Therefore, the action on the part of the second respondent in execution of the award cannot be challenged at all. However, the petitioner now expresses his willingness to clear the entire arrears in instalments. 2. I have heard the learned counsel appearing for the WP(C).No.35083/2010 2 petitioner and the learned standing counsel appearing for the second respondent. The learned standing counsel submitted that Ext.P1 dated 11.10.2010 would reveal that as on 30.6.2010 the amount outstanding was Rs.2,24,150/-. It is further submitted that in terms of the award in ARC.No.11 of 2006 the petitioner is liable to pay interest after 30.6.2010 and the incidental charges. In view of the rival contentions this writ petition is disposed of as hereunder:- The respondents shall keep in abeyance all coercive steps taken pursuant to Ext.P1 for a period of two months. In the meanwhile, the petitioner shall pay an amount of Rs.75,000/- within a period of three weeks and the balance amount in four instalments. The liability shall be discharged on or before 31.3.2011. C.T.RAVIKUMAR Judge TKS