IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 34468 of 2008(C) -------------------------------------- PETITIONERS: ----------------- 1. MUMTHAS ZAIN W/O.M.A.IBRAHIM AGED 53 YEARS,MANAPURATH HOUSE, NAYARAMBALAM, ENAKULAM DISTRICT. 2. *M.A. IBRAHIM, S/O.ABDUL KHADER, MANAPURATH HOUSE, NAYARAMBALAM, ENAKULAM DISTRICT. IMPLEADED AS ADDITIONAL PETITIONER VIDE ORDER DATED 1-12-2008. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ 1. ERNAKULAM DISTRICT CO-OPERATIVE BANK NARAKKAL EVENING BRANCH, NARAKKAL. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (SPECIAL SALE OFFICER) ERNAKULAM DISTRICT CO-OPERATIVE BANK. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (ARBITRATION) ERNAKULAM. BY STANDING COUNSEL SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO. 34468 OF 2008 (C) ------------------------------------------------------ Dated this the 3rd day of December, 2008 J U D G M E N T Petitioner challenged execution proceedings following an arbitration award issued in 2006 on proceedings initiated in 1999. Execution proceedings commenced in 2008. The learned counsel for the petitioner made only two submissions. First is that petitioner may be permitted to sell one or two among the items of the properties and ensure repayment. Second is that there is some dispute regarding the total amount fixed for recovery. The latter is a matter to be adjudged by the Sale Officer, because it relates to the due execution, discharge and satisfaction of the arbitration award. The Sale Officer has to ensure that the recovery is strictly in terms of the award since the award has become final. The request of the petitioner that some of the items may be released will also be considered, in as much as, if the petitioner arranges a purchaser within a period of 45 days from now and if the entire amount due is paid directly to the bank, the bank will release the W.P.(C) No.34468/2008 - 2 - documents so that the petitioner can execute the documents in favour of the purchaser. No other directions are called for. If the petitioner does not make arrangements as aforesaid within the time limit stated above, the first respondent bank will be at liberty to proceed with further distress action. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/12