IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34834 of 2008(V) -------------------------- PETITIONER(S): --------------- V.K.CHAMI S/O.KOOTAYI, AGED 63 YEARS,'VADAKKUMURI HOUSE' KINASERRY POST, KANNADI-II VILLAGE, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENT(S): --------------- 1. PALAKKAD CO-OPERATIVE BUILDING SOCIETY LTD.,BY SECRETARY, NO.F.1421,PALAYAMPETTA, PALAKKAD DISTRICT. 2. ARBITRATOR CUM SPECIAL SALE OFFICER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION, KOZHIKODE REGION, KOZHIKODE-1. 3. SPECIAL SALE OFFICER, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., PALAKKAD. R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34834 OF 2008 ------------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondents 1 and 2 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for R3. 2. The petitioner faces execution of an arbitration award and distress action which has led to sale of an item of property being listed to be held tomorrow. This afternoon, this writ petition is moved on the plea that arbitration proceedings were concluded without proper notice and without affording sufficient opportunity of being heard. Learned counsel for the petitioner stated that the petitioner met with an accident and that he has a fairly large family to support. The only statement about the accident is in para 2 of the writ petition. Barring an averment that difficulties arose by an accident that the petitioner met, there is no materials even to understand as to when the accident had occurred and what is the nature of suffering that the WPC.34834/08 Page numbers petitioner has been undergoing. As far as the large family that is projected, one does not find any pleading in the writ petition. Learned counsel for the petitioner then wanted me to see that from Ext.P2, a representation produced as evidence. With all this, there is really no materials to hold in favour of the petitioner on any of the grounds raised. The petitioner had also alternate remedies to challenge the arbitration award and also to seek remedies even if those proceedings were ex parte. The request of the petitioner gets confined in this 11th hour to be one only for further time to make the payments. In the aforesaid circumstances, repelling all other contentions, it is directed that if the petitioner makes deposit of an amount of Rs.5,000/- at or before the time fixed for sale tomorrow and continues to remit the entire remaining outstandings by making payments at the rate of Rs.15,000/- per month, payable on or before the last working day of every month commencing from December, 2008, the impugned distress action will stand deferred and dropped ultimately. However, if there is WPC.34834/08 Page numbers default in remitting any of the instalments as aforesaid, the benefit of this judgment shall stand recalled automatically and distress action shall follow. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.