IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34257 of 2008(C)
1. E.K.RAJAN
... Petitioner
Vs
1. THRISSUR DISTRICT ARECANUT
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :20/11/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
-------------------------------------------
W.P(C).No.34257 OF 2008
-------------------------------------------
Dated this the 20th day of November, 2008
JUDGMENT
Having regard to the nature of the directions being issued
hereunder, notice to respondents 1 and 3 dispensed with,
preserving their right to move for review of this judgment, if
aggrieved. Learned Government Pleader appears for the second
respondent.
2. The first respondent obtained an arbitration award under
the Kerala Co-operative Societies Act, 1969 as against the third
respondent. That is put in execution. The third respondent has
filed R.P.No.58/08 before the Kerala Co-operative Tribunal
constituted under the KCS Act. The petitioner is the assignee of
an item of property that belonged to the third respondent. In
the course of execution of the award, that property has been
attached. The petitioner aspires to resurrect that property from
attachment for his personal purpose. He states that he had
WPC.34257/08
Page numbers
already submitted a pay order for the principal amount before
the Tribunal and that the said matter is pending consideration.
3. After arguing the matter for some time, the petitioner
agrees to deposit the entire amount covered by the arbitration
award, including the interest component, before the learned
Tribunal to be dealt with in accordance with the decision that the
Tribunal may render in the Revision Petition. The Tribunal could
also consider whether the monies so deposited could be released
to the first respondent, subject to the result of the Revision
Petition, so that the debtor under the award would not suffer any
further liability to pay interest, while he would be entitled to
refund of any amount, if found due on the basis of the decision
that the learned Tribunal may ultimately render on the Revision
Petition.
Hence, it is directed that the petitioner will deposit the
entire amount as aforesaid before the Kerala Co-operative
WPC.34257/08
Page numbers
Tribunal and seek appropriate orders in the light of what is
stated above. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
kkb.