IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 4536 of 2008(M) ------------------------- PETITIONER: ------------ M.ABDUL BASHEER, S/O.MOHAMMED HANEEFA, AGED 53 YEARS, MUTHUKAD HOUSE, KINASSERY P.O., KANNADI, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS: ------------- 1. THE SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/ARBITRATOR-CUM-SPL.SALE OFFICER, KERALA STATE CO-OP.HOUSING FEDERATION, KOZHIKODE-6. 2. THE PALAKKAD CO-OPERATIVE BUILDING SOCIETY REP. BY ITS SECRETARY, KOPPAM AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT. BY SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 4536 of 2008-M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of February, 2008 J U D G M E N T Having regard to the nature of the directions issued herein, notice to the second respondent is dispensed with, preserving its right to seek review of this judgment, if aggrieved. Learned Senior Government Pleader takes notice for the first respondent. 2. Petitioner suffered an arbitration award and is facing the execution proceedings. The immovable property is brought to sale. His case is that he had executed an agreement in terms of Section 37 of the K.C.S Act and that recovery is being effected in terms of that agreement, from his salary. He, accordingly, contends that it is unnecessary for the Society to put the property to auction. It is pleaded that by resorting to effect recovery in terms of Section 37 of the Act, the Society is barred from initiating any other mode of recovery. Different other contentions are raised on the question of inadequacy of sale price etc. The recovery on the basis of consent of parties and agreement in terms of Section 37 of the Act is only one mode of recovery and that does not in any manner preclude the W.P.(C).No.4536/2008-M -: 2 :- right of a creditor Society to proceed for arbitration. In the case in hand, there is an award against the petitioner and therefore, the Society is entitled to put it in execution. Faced with this situation, the petitioner pleads for an opportunity to wipe of the outstanding and save the property. The amount for which sale is ordered is around Rs.1,34,000/- as on 12/12/2007. Having regard to what is aforesaid, writ petition is disposed of directing that all further proceedings on the basis of Ext.P1 shall stand dropped on condition that the petitioner remits an amount of Rs.25,000/- per month, payable on or before last working day of every month, commencing from February 2008, and thereby wipes of the entire outstanding incidentals. However, if there is default in remitting any of the instalments as directed above, the benefit of this judgment shall be recalled automatically. On deposit of the first instalment as aforesaid, the second respondent will issue statement to the first respondent regarding the recoveries made towards the loan account from the salaries. THOTTATHIL B.RADHAKRISHNAN, Judge ms