IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24396 of 2008(D) --------------------------------------- PETITIONER: ------------------- KRISHNAN NAIR, S/O NARAYANI AMMA, CHERALIYIL HOUSE, VALACHIRA P.O., THRISSUR DISTRICT. BY ADV. SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.HARISH GOPINATH, SRI.M.AJAY (IRUMPANAM). RESPONDENTS: ----------------------- 1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KURUPPAM ROAD, THRISSUR. 2. THE GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., KURUPPAM ROAD, THRISSUR. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES ARBITRATOR-CUM-SPECIAL SALE OFFICE, THRISSUR DISTRICT CO-OPERATIVE BANK LTD., SAHAKARANA SHADABDI MANDIRAM, THIRUVAMBADI P.O., THRISSUR 680 022. R3 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN, R1 & R2 BY ADV. SRI. T.R. HARIKUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.24396 of 2008 ================================== Dated this the 19th day of August, 2008. JUDGMENT Petitioner faces an arbitration award under the Kerala Co-operative Societies Act, 1969. He filed a revision before the Tribunal. Long after, that was disposed of, he filed a writ petition challenging the Tribunal's order. This Court found no ground to interfere and no relief was also granted, as sought for by the petitioner, even then. By Ext.P1 judgment dated 2-12-2005, it was directed that if the nine instalments, which were defaulted by that time was paid, distress action would be dropped on payment of the 10th instalment before the last working day of January, 2006. More than two and a half years thereafter, even now, nothing has been paid. After obtaining that judgment, the petitioner was granted a favourable decision by a Co-operative Adalat on 18-3-200 WPC24396/2008 -:2:- (Ext.P2) whereby he was to pay the amount on or before 31-3-2008. Even that amount was not paid. Now, he attempts to have Ext.P3 sale notice to be kept in abeyance on the ground that he has an intending purchaser for a private sale and he wants three months' time. I find no grounds to issue any direction. Writ petition fails. It is hence dismissed. Thottathil B.Radhakrishnan, Judge. sl.22.8.