IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 OP(C).NO. 2913 OF 2011(O) -------------------------------------- AGAINST THE ORDER IN ARB.REF.49/2008 IN EP.50/2009 OF DISTRICT COURT, KOLLAM .................... PETITIONER: ------------------ BHASKARA PILLAI, RESIDING AT VIMALALAYAM, PANAYAMCHERRY, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): ------------------------ 1. MUTHOOT LEASING AND FINANCE LTD., REPRESENTED BY ITS POWER OF ATTORNEY HOLDER FELIX RAJ, KAREETHURA THARAYIL VEETTIL, CHAVARA P.O. KOLLAM. 2. DEEPU BHASKARA PILLAI, RESIDING AT VIMALALAYAM, PANAYAMCHERRY, ANCHAL, KOLLAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2913 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 11.11.2009. EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 4.8.2011 IN E.P. NO.50 OF 2009 ON THE FILE OF THE DISTRICT COURT, KOLLAM. EXHIBIT P3 A RUE COPY OF THE OBJECTION DATED 02.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COURT, KOLLAM. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2913 of 2011 ==================================== Dated this the 02nd day of September, 2011 J U D G M E N T Petitioner has suffered an award in Arb. Ref. No.49 of 2008 for payment of money to the first respondent and that award is being executed in the court of leaned District Court, Kollam in E.P. No.50 of 2009. Property of petitioner scheduled in Ext.P2, sale notice is being brought up for sale on 05.09.2011. At that stage petitioner has filed this Original Petition challenging Ext.P2, sale notice. It is contended that sale of the property as scheduled in Ext.P2 is not necessary for realization of the decree debt. It is also contended that petitioner has preferred objection before the learned District Judge but that was not taken into account. Alternatively it is requested that petitioner may be granted time to pay the decree amount. 2. I have heard learned counsel for first respondent. Learned counsel submitted that objection was preferred only on this day (02.09.2011). 3. Having heard counsel on both sides I do not find reason to interfere with the impugned order since objection was preferred only this day. However, I am inclined to grant time to the petitioner to discharge the decree debt. O.P(C) No.2913 of 2011 -: 2 :- Resultantly, Original Petition is disposed of directing learned District Judge, Kollam to adjourn the sale scheduled to be held on 05.09.2011 for a period of two months from this day subject to the following conditions: (a) Before the time scheduled for sale of property, petitioner shall file affidavit in the executing court waiving fresh proclamation for such sale. (b) Petitioner shall deposit in the executing court for payment to the first respondent Rs.50,000/- (Rupees Fifty thousand only) within one month from this day. (c) In case any of the above conditions is not complied, it will be open to the executing court to proceed with sale of property. THOMAS P. JOSEPH, JUDGE. vsv