IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 23072 of 2004(V) -------------------------- PETITIONER(S): --------------- VELAYUDHAN. M., S/O. KUNHUNNI, MADOLI HOUSE, ARIMBRA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE SPECIAL SALE OFFICER, MALAPPURAM DISTRICT CO-OPERATIVE BANK, MALAPPURAM. 2. ASSISTANT REGISTRAR (SPECIAL ARBITRATOR), MALAPPURAM DISTRICT CO-OPERATIVE BANK, MALAPPURAM. BY G.P. SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 21.7.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 23072 OF 2004 -------------------------------------------- Dated this the 2nd day of June, 2009 JUDGMENT Petitioner is challenging proceedings for sale of property for recovery of arrears due to the society covered by the award passed by the second respondent. Award is not produced in this Court and according to the petitioner, petitioner is not issued copy of award. It is difficult to believe that petitioner could not get copy of the arbitration award from the second respondent. If petitioner is not issued copy of award, second respondent is directed to issue copy of award to the petitioner on production of a copy of this judgment by the petitioner. If petitioner has any grievance petitioner can challenge the award before the Tribunal. However, if petitioner wants to settle liability, petitioner is granted three instalments, first of which will be paid on or before 30th of July, 2009, and balance on or before last day of two succeeding months. However, if default is committed in payment of any of the instalments, respondents can proceed for recovery subject to petitioner 2 obtaining any order from the Tribunal. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3