K E MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner had defaulted repayment of a loan availed from the second respondent, Urban Co-operative Bank, Kaduthuruthy. An award has been passed by the Arbitrator on 29/10/2003. The same had been challenged before the Co- operative Tribunal, which is pending as R.P.No.87/2005. He received the award only on 03/03/2005. It was an ex-parte award. Therefore, it is contended that the writ petitioner could not raise all the contentions before the Arbitrator.

(2.) Meanwhile, the second respondent took coercive steps against the writ petitioner to sell his property, through public auction, as per notice dated 13/12/2004, Exhibit P2. The auction was scheduled on 31/01/2005. However, because of the intervention of the tribunal, the auction was adjourned. It is now submitted that the revision petition was dismissed for default. It is thereafter, the public auction had been proclaimed on the property of the writ petitioner. A restoration application has been filed and the same is pending before the tribunal.

(3.) The learned counsel for the writ petitioner submits that there is valid ground for restoring the matter and, therefore, till the restoration application is disposed of, coercive action on the property of the writ petitioner may be interfered with.