IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 14417 of 2004(N) ------------------------------------- PETITIONER: ------------------ P.T.GEORGE, PALLIPARAMBIL HOUSE, UPPUTHODU, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ----------------------- 1. THE KERALA CO-OPERATIVE TRIBUNAL, TRIVANDRUM. 2. VARKEY KURIAN, PRESIDENT, UPPUTHODU KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD. NO.18(D) APCOS,UPPUTHODU P.O., IDUKKI DISTRICT. R2 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 14417/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER OBJECTION FILED BY THE PETITIONER BEFORE THE ARBITRATOR IN ARC NO. 191/99. EXT.P2. COPY OF THE AWARD OF THE ARBITRATOR IN ARC NO. 191/99 DT. 5/12/00. EXT.P3. COPY OF THE ORDER OF THE R1 IN RP NO. 48/2001, DT. 31/07/2002. RESPONDENT'S EXHIBITS EXT.R2A. COPY OF THE NOTICE GIVEN TO THE PETITIONER DT. 23/09/97. EXT.R2B. COPY OF THE REPLY GIVEN BY THE PETITIONER DT. 09/10/97. EXT.R2C. COPY OF THE GIVEN TO THE PETITIONER BY THE SOCIETY DT. 10/3/99. EXT.R2D. COPY OF THE LETTER GIVEN BY THE PETITIONER DT. 4/11/97. EXT.R2E. COPY OF THE REQUEST GIVEN BY THE PETITIONER DT. 4/1/2002. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.14417 of 2004-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. JUDGMENT 1.Petitioner was placed under suspension while serving the society represented by the second respondent. On the basis of the audit reports, it was found that the petitioner had to be proceeded against for recovering amounts due to the society. By Ext.R2(d), the petitioner requested for waiver of interest. As per Ext.R2(c), petitioner requested that he may be permitted to pay off the amounts in instalments. The arbitration award culminated in favour of the society. The petitioner filed a revision. The Appellate Tribunal reduced the rate of interest. 2.Having regard to what is aforesaid, on examining the impugned decisions, it can be found that the arbitrator, as also the Kerala Co-operative WP(C)14417/2004 -: 2 :- Appellate Tribunal have considered the materials on record, particularly the documentary evidence and also the oral evidence and have decided in favour of the petitioner. I do not find any jurisdictional error or legal infirmity in the impugned decision. 3.With the passage of time, any request of the petitioner for instalment facility should also be treated as stale since the arbitration proceedings were initiated in 1999. 4.In the result, while affirming the impugned orders, it is directed that any distress action referable to the impugned demand will stand deferred till the end of the current financial year. Subject to that, this writ petition is dismissed. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/