High Court Kerala High Court

Varghese vs M/S. Dhanamithra Kuries (P) Ltd on 12 February, 2009

Kerala High Court
Varghese vs M/S. Dhanamithra Kuries (P) Ltd on 12 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2468 of 2009(R)


1. VARGHESE, AGED 50,
                      ...  Petitioner
2. GEORGE, S/O. ANTHONY,
3. MATHAI, S/O. PUTHUKARA INASU,

                        Vs



1. M/S. DHANAMITHRA KURIES (P) LTD.,
                       ...       Respondent

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/02/2009

 O R D E R
                 M. SASIDHARAN NAMBIAR, J.
               -------------------------------------------------

                    W.P.(C).No. 2468 OF 2009

               --------------------------------------------------

             Dated this the 12th day of February, 2009

                           J U D G M E N T

Even though notice was served on the respondent/decree

holder, there is no appearance. As per order dated 22.1.2009

the judgment debtors were directed to deposit Rs.20,000/- or

make payment of that amount to the decree holder. The order of

arrest passed by the executing Court was directed to be kept in

abeyance for two weeks.

2. The prayer in this writ petition filed under Article 227

of Constitution of India is only for a direction to the executing

Court to provide reasonable opportunity to the judgment debtors

to liquidate the liability under the decree.

3. After hearing the learned counsel, the following direction

is issued. If the petitioners had deposited Rs.20,000/- or made

that payment to the decree holder, as directed by order dated

22.1.2009, executing Court to grant reasonable opportunity to

the judgment debtors to pay off the balance decree debt.

Writ petition is disposed of as above.

M. SASIDHARAN NAMBIAR, JUDGE

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