IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 RP.No. 1102 of 2006(L) ---------------------- AGAINST THE JUDGEMENT/ORDER IN OP.24684/2001 Dated 24/07/2002 .................... REVIEW PETITIONER(S): REVIEW PETITIONER: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY,FISHERIES DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.K.MEERA. RESPONDENT(S): PETITIONER & RESPONDENTS 1 TO 5 IN OP: ----------------------------------------------------- 1. ERNAKULAM DIST.CO-OP.BANK, MATTANCHERRY BRANCH, MATTANCHERRY, ERNAKULAM DIST. REP.BY BRANCH MANAGER. 2. DIRECTOR OF FISHERIES (REGISTRAR OF FISHERIES CO-OP.SOCIETIES). 3. JOINT DIRECTOR OF FISHERIES (CO-OP. SOCIETIES), OFFICE OF THE JOINT DIRECTOR OF FISHERIES, CENTRAL ZONE, ERNAKULAM GCDA SHOPPING COMPLEX, KOCHI-36. 4. THE LIQUIDATOR/ASST.REGISTRAR OF FISHERIES, OFFICE OF THE JOINT DIRECTOR OF FISHERIES, CENTRAL ZONE, ERNAKULAM GCDA SHOPPING COMPLEX, KOCHI-36. 5. TRAVANCORE COCHIN PRAWN CURERS CO-OP. MARKETING SOCIETY LTD.NO.283 (UNDER LIQUIDATION), REP. BY LIQUIDATOR IN-CHARGE, OFFICE OF THE JOINT DIRECTOR OF FISHERIES, CENTRAL ZONE, ERNAKULAM GCDA SHOPPING COMPLEX, KOCHI-36. 6. SPECIAL SALE OFFICER (ASST.REGISTRAR OF CO-OP.SOCIETY), ERNAKULAM DIST.CO-OP.BANK, H.O. KAKKANAD, KOCHI-30. ADV. SRI.P.V.SURENDRANATH SMT.RAKHI RAMDAS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P.No.1102/2006 in O.P.No.24684/2001 ---------------------------------------------- Dated 18th June, 2009. O R D E R The State has come up with this petition seeking review of the judgment dated 24.7.2002 in O.P.No.24684/01. The writ petition was filed by a central society seeking execution of the arbitration award in ARC 1/1984. The execution apparently was not proceeded with on the ground that steps were taken for liquidation. This court in the judgment made it clear that initiation of liquidation proceedings shall not be a reason for delaying the execution of the award and hence the writ petition was disposed of directing the respondents 1 to 3 to conclude the liquidation proceedings within a period of three months from the date of production of a copy of the judgment, and if not to execute the award. The contention of the State is that the State has first charge over the property. That itself is a disputed aspect according to the learned counsel for the writ petitioner. However, the question as to whether the State has charge or not is not an issue arising in the writ petition. The issue in the writ petition was only regarding the execution of the award obtained by the writ R.P.No.1102/2006 in O.P.No.24684/2001 2 petitioner long back. Therefore, leaving open the contentions taken in the review petition, since those are not matters covered by the judgment, this review petition is closed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P.No.1102/2006 in O.P.No.24684/2001 ---------------------------------------------- O R D E R Dated 18th June, 2009.