IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38103 of 2007(J) -------------------------- PETITIONER: -------------- SHAM NAZEER,S/O.SULAIMAN KUNJU, AGED 39 YEARS,THACHANTAZHIYAM,MAYYANAD,KOLLAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: ----------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOLLAM. 2. MAYYANAD SERVICE CO-OPERATIVE BANK, MAYYANAD,KOLLAM DISTRICT,REPRESENTED BY ITS SECRETARY. R1 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.38103 of 2007-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of January, 2008. JUDGMENT 1.The petitioner, a debtor of a co-operative society was arrayed as a respondent in the arbitration proceedings. Going by his own case, he had not participated in the proceedings before the Arbitrator. His case is that he was not given adequate opportunity to contest the matter. On his revision, the Tribunal summoned the records and was satisfied that there was due service of summons and that there was no ground of denial of any opportunity. The Tribunal was satisfied that the award was passed on the basis of a transaction under which the petitioner was liable. The Tribunal, however, interfered with the award on the question of interest and slashed the award in so far as it relates to interest, to WP(C)38103/2007 -: 2 :- some extent. I do not find any legal infirmity or jurisdictional error in aid of the petitioner's challenge to the award. The writ petition fails. The same is accordingly dismissed. It is further clarified that the petitioner may enjoy the instalment facility extended by the Tribunal by treating it to operate from January, 2008. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/