LAWS(KER)-2010-12-263

SUDHIR KUMAR S Vs. THATHAMANGALAM SERVICE CO OPERATIVE

Decided On December 22, 2010
SUDHIR KUMAR.S Appellant
V/S
THATHAMANGALAM SERVICE CO-OPERATIVE Respondents

JUDGEMENT

(1.) PETITIONER has suffered an award for payment of money to the respondent in ARC No.1600 of 2004. Since the award was not satisfied respondent initiated execution proceeding in the court of learned Sub Judge, Palakkad by filing E.P. No.131 of 2007 and requested personal execution against petitioner alleging that in spite of having sufficient means petitioner has refused or neglected to pay the amount due under the award. Though prayer for issue of warrant was resisted by petitioner, learned Sub Judge as per Ext.R1(b), order dated February 2, 2010 found that petitioner in spite of having sufficient means has failed to pay and ordered warrant of arrest against the petitioner. That order is under challenge in this petition. It is contended by learned counsel that learned Sub Judge had no authority, and at any rate there is no affidavit in support of the application for issue of arrest warrant against petitioner. Alternatively it is contended that petitioner may be permitted to pay the amount in installments. Learned counsel for respondent has supported the impugned order.

(2.) THAT, there is an award against the petitioner is not disputed before me. Rule 72 of the Co-operative Societies Rules (for short, "the Rules") provides for execution of decisions, awards or orders and under Rule 72(2) the Registrar has the authority, on receipt of an application under clause (1) of the said Rule to issue a certificate based on which the party is enabled to apply for execution and launch execution before the Collector or a civil court of competent jurisdiction. A learned Single Judge of this Court in Thomas v. State of Kerala (2010 [4] KLT 909) referring to Rule 84 of the Rules held that 'court' mentioned therein is the civil court. In view of the said provision the contention that the award is not executable before the civil court cannot be accepted.