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. 22563 of 2008(J) -------------------------------------- PETITIONER: ------------------- A.RAMANKUTTY NAIR, S/O JANAKI AMMA, 74 YEARS OF AGE, NANNAMKOTTIL APPEKKATT HOUSE, LAKKIDI P.O., OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN, ADV. SMT.A.R.PRAVITHA. RESPONDENTS: ----------------------- 1. OTTAPALAM CO-OPERATIVE URBAN BANK LTD., NO.F.1647 - REPRESENTED BY ITS GENERAL MANAGER, OTTAPPALAM, PALAKKAD DISTRICT. 2. THE SPECIAL SALE OFFICER FOR OTTAPPALAM URBAN CO-OPERATIVE BANK LTD., OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OTTAPPALAM. 3. THE ASSISTANT REGISTRAR(GENERAL), CO-OPERATIVE SOCIETIES, OTTAPPALAM, PALAKKAD DISTRICT. SR. GOVT. PLEADER SMT. ANU SIVARAMAN FOR R3, ADV. SRI.VINOD MADHAVAN FOR R1. 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.22563 of 2008 ================================== Dated this the 19th day of August, 2008. JUDGMENT Petitioner has an arbitration award under the Kerala Co-operative Societies Act, 1969 against him. He contends that he did not have notice of those proceedings or even a copy of that award. The fact remains that accruals have led to the distress action by way of sale being listed. Having perused the writ petition, the counter affidavit and having heard the learned counsel for the parties, I find no jurisdictional error or legal infirmity in the impugned proceedings. However, the bank has rightly pointed out that if it is feasible to sell a portion of the property to raise the entire outstandings, the same could be resorted to. Having regard to the different submissions relating to the family situation of the petitioner, I deem it appropriate that it is a case WPC22563/08 -:2:- where the rate of interest that would run against the petitioner under the award would be the agreed rate without penalty clause. In the circumstances, this writ petition is ordered directing that execution proceedings will stand trimmed to the aforesaid extent. It is also ordered that the impugned sale proceedings will stand deferred by two months to let the petitioner an opportunity to find an appropriate purchaser for a private sale of the whole or any portion of the property. If he is able to do so, the entire amounts shall be paid to the bank account. If it does not work out, the penal interest excluded by this judgment will run and the benefit of this judgment will not accrue to the petitioner even in that regard. Thottathil B.Radhakrishnan, Judge. sl.26.8.