IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34834 of 2008(V)
1. V.K.CHAMI S/O.KOOTAYI,
... Petitioner
Vs
1. PALAKKAD CO-OPERATIVE BUILDING SOCIETY
... Respondent
2. ARBITRATOR CUM SPECIAL SALE OFFICER,
3. SPECIAL SALE OFFICER, PALAKKAD DISTRICT
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :25/11/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
-------------------------------------------
W.P(C).No.34834 OF 2008
-------------------------------------------
Dated this the 25th day of November, 2008
JUDGMENT
Having regard to the nature of the order being issued
hereunder, notice to the respondents 1 and 2 dispensed with,
preserving their right to move for review of this judgment, if
aggrieved. Learned Government Pleader appears for R3.
2. The petitioner faces execution of an arbitration award and
distress action which has led to sale of an item of property being
listed to be held tomorrow. This afternoon, this writ petition is
moved on the plea that arbitration proceedings were concluded
without proper notice and without affording sufficient
opportunity of being heard. Learned counsel for the petitioner
stated that the petitioner met with an accident and that he has a
fairly large family to support. The only statement about the
accident is in para 2 of the writ petition. Barring an averment
that difficulties arose by an accident that the petitioner met,
there is no materials even to understand as to when the accident
had occurred and what is the nature of suffering that the
WPC.34834/08
Page numbers
petitioner has been undergoing. As far as the large family that is
projected, one does not find any pleading in the writ petition.
Learned counsel for the petitioner then wanted me to see that
from Ext.P2, a representation produced as evidence. With all
this, there is really no materials to hold in favour of the
petitioner on any of the grounds raised. The petitioner had also
alternate remedies to challenge the arbitration award and also to
seek remedies even if those proceedings were ex parte. The
request of the petitioner gets confined in this 11th hour to be one
only for further time to make the payments.
In the aforesaid circumstances, repelling all other
contentions, it is directed that if the petitioner makes deposit of
an amount of Rs.5,000/- at or before the time fixed for sale
tomorrow and continues to remit the entire remaining
outstandings by making payments at the rate of Rs.15,000/- per
month, payable on or before the last working day of every month
commencing from December, 2008, the impugned distress action
will stand deferred and dropped ultimately. However, if there is
WPC.34834/08
Page numbers
default in remitting any of the instalments as aforesaid, the
benefit of this judgment shall stand recalled automatically and
distress action shall follow. The writ petition is ordered
accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.