High Court Kerala High Court

Jayakumar vs Luci Nirmala on 28 June, 2007

Kerala High Court
Jayakumar vs Luci Nirmala on 28 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19919 of 2007(U)


1. JAYAKUMAR,
                      ...  Petitioner

                        Vs



1. LUCI NIRMALA,
                       ...       Respondent

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :28/06/2007

 O R D E R
                            M.N.KRISHNAN, J.

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

                       WP(C)No. 19919 OF 2007 U

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

                  Dated this the 28th June, 2007.



                                 JUDGMENT

The writ petitioner is working in the Police Department

and he is now ordered to be arrested and detained in civil

prison for realisation of the amount due from him. I had

perused the entire writ petition records and it is seen

that an amount of Rs.10,000/- is paid after the issuance of

the arrest order. Learned counsel for the writ petitioner

submits that in case he is arrested and send to civil

prison he may face suspension and there will be untold

miseries for his family. It is also submitted that a

sizable amount of his salary is being deducted for the

other loans availed by him. So, taking into consideration

the entire materials available, I think a breathing time

can be given to the judgment debtor to discharge the amount

with stringent conditions. Therefore, the writ petition is

disposed of as follows:-

i) The writ petitioner is directed to pay or deposit

before the court an amount of Rs.25,000/- (Rupees twenty

five thousand only) towards the decree debt on or before

28.7.2007.

ii) He can continue to pay the balance amount in six

monthly equal instalments commencing from 28.8.2007.

WPC 19919/07 2

iii) In case he commits default of payment of

Rs.25,000/- or any one of the instalments, he shall loose

the benefit of this order and can be detained in civil

prison, after intimation to his superior officer. In order

to enable him to make payment the order of arrest shall

remain suspended and the Superintendent of Police need not

relieve him for the purpose of arrest at this stage as the

warrant remains suspended.

M.N.KRISHNAN

Judge

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