IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 6935 of 2007(A) ------------------------- PETITIONER: ------------- DHANAPALAN, S/O. NARAYANAN, AGED 62 YEARS, SATHYA CHITRA, MUNDAKKAL EAST, KOLLAM FROM KALLUKADAKKAL VEEDU, THEVALLY,KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ---------------- 1. THE REGISTRAR OF CO-OPERATIVES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE QUILON CO-OPERATIVE URBAN BANK LTD., NO.960, KOLLAM, REPRESENTED BY ITS SECRETARY. 4. THE ASSISTANT REGISTRAR/ ARBITRATION-CUM-SPECIAL SALE OFFICER, THE QUILON CO-OPERATIVE URBAN BANK, KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT NONE REPRESENTS. DISMISSED 20.02.08 SD/- THOTTATHIL B. RADHAKRISHNAN, JUDGE THOTTATHIL B.RADHAKRISHNAN , J. ======================= W.P.(C) No.6935 of 2007 ======================= Dated this the 4th day of March, 2008 JUDGMENT Going by the materials on record including Ext.P3, the petitioner availed a loan, faced an arbitration proceedings as ARC No.61/2003 and satisfied that award by availing yet another loan from the same institution. On non-payment of the second loan, ARC No.538/2005 was initiated and an award passed. Execution proceedings were taken and impugned Ext.P2 is the notice for sale in terms of EA No.36/2006. Such proceedings have been attained finality. There is no illegality or jurisdictional error in the impugned sale proceedings. 2. Matters relating to discharge and satisfaction of an arbitration award are to be agitated before the appropriate authority namely, the 4th respondent, who is involved in executing the award. Hence it is directed that if the petitioner produces evidences before the 4th respondent of having paid amounts, if any, following the arbitration award 538/05, that W.P.(C) No.6935/2007 -2- shall be given due credit to, while finalizing sale proceedings. With these directions, this writ petition is disposed of. Sd/- THOTTATHIL B.RADHAKRISHNAN, JUDGE jp