IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 30287 of 2008(E) -------------------------- PETITIONER(S): --------------- ANNIE VARGHESE, VHEERAKATHIL, KURUMASSERY P.O.,ERNAKULAM DISTRICT. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. ERNAKULAM DISTRICT CO-OPERATIVE BANK, KAKKANADU, REPRESENTED BY ITS GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),ERNAKULAM. R1 BY ADV.SRI.P.V.SURENDRANATH R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30287 OF 2008 ------------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT The plea of the petitioner is that Ext.P1 award under the Kerala Co-operative Societies Act and Rules does not provide for any penal interest and such incidentals as have now been demanded by the bank, to record satisfaction of Ext.P1 award. Execution, discharge and satisfaction of an arbitration award is a matter that can be adjudicated upon and decided by the competent sale officer, even if no proceedings at the instance of the bank is pending. It is always open to a debtor under an award under the KCS Act, to move the competent authority to have the satisfaction of the award recorded. This writ petition is therefore, unnecessary and it is accordingly closed without prejudice to the right of the petitioner to move the sale officer to have the award recorded as satisfied, on payment of amounts which would be fixed by the competent sale officer, after hearing the petitioner and the first respondent. If the petitioner makes WPC.30287/08 Page numbers any such application, the competent officer will consider expediting that matter and disposing it at the earliest. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.