IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 6935 of 2007(A)
1. DHANAPALAN, S/O. NARAYANAN,
... Petitioner
Vs
1. THE REGISTRAR OF CO-OPERATIVES,
... Respondent
2. THE JOINT REGISTRAR OF CO-OPERATIVE
3. THE QUILON CO-OPERATIVE URBAN BANK LTD.,
4. THE ASSISTANT REGISTRAR/
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.N.DHARMADAN (SR.)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :04/03/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN , J.
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W.P.(C) No.6935 of 2007
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Dated this the 4th day of March, 2008
JUDGMENT
Going by the materials on record including Ext.P3, the
petitioner availed a loan, faced an arbitration proceedings as ARC
No.61/2003 and satisfied that award by availing yet another loan
from the same institution. On non-payment of the second loan,
ARC No.538/2005 was initiated and an award passed. Execution
proceedings were taken and impugned Ext.P2 is the notice for
sale in terms of EA No.36/2006. Such proceedings have been
attained finality. There is no illegality or jurisdictional error in
the impugned sale proceedings.
2. Matters relating to discharge and satisfaction of an
arbitration award are to be agitated before the appropriate
authority namely, the 4th respondent, who is involved in
executing the award. Hence it is directed that if the petitioner
produces evidences before the 4th respondent of having paid
amounts, if any, following the arbitration award 538/05, that
W.P.(C) No.6935/2007 -2-
shall be given due credit to, while finalizing sale proceedings.
With these directions, this writ petition is disposed of.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
JUDGE
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