Hariharan vs Vyaparavijayam Hire Purchase … on 18 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 607 of 2005()


1. HARIHARAN, S/O.POOVATHUNKADAVIL
                      ...  Petitioner

                        Vs



1. VYAPARAVIJAYAM HIRE PURCHASE PVT. LTD.,
                       ...       Respondent

                For Petitioner  :SRI.K.G.BALASUBRAMANIAN

                For Respondent  :SRI.N.SUKUMARAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/07/2007

 O R D E R
                             PIUS C. KURIAKOSE, J.

                  ..........................................................

                               C.R.P.No.607 OF 2005

                  ...........................................................

                       DATED THIS THE 18th JULY, 2007


                                        O R D E R

The 3rd judgment-debtor, admittedly a military pensioner is

aggrieved by the order of the execution court finding that in spite of

means he has wilfully neglected to pay the decree debt and directing

issuance of warrant for arresting him on that basis.

2. Heard Sri.K.G.Balasubramanian, counsel for the petitioner

and Sri.Bobby Mathew, counsel for the respondent.

3. Mr.Balasubramanian submitted that the petitioner has

complied with the condition imposed by this Court on 8.6.2005 that a

sum of Rs.15,000/- shall be paid by the petitioner to the decree-holder

within three weeks from that date. He further submitted that

adequate opportunity was not granted by the execution court for

producing the pension book. He sought for an opportunity to produce

the pension book.

4. Having regard to the circumstances attending on this case, I

feel that opportunity can be afforded to the petitioner for producing

the pension book, but only on conditions. Accordingly, I set aside the

impugned order and direct the execution court to afford opportunity to

the petitioner to produce the pension book and convince the court

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that the petitioner does not have the capacity to pay even a

substantial portion of the decree-debt. Since the matter is going back

to the court below, both sides are permitted to adduce whatever

evidence they have at their command on the issue. However, the

order of remand will be subject to the condition that the petitioner

shall pay every month commencing from 16.8.2007 at the rate of

Rs.1500/- till such time as the enquiry is completed. The enquiry shall

be completed and orders passed by the learned Subordinate Judge at

the earliest and at any rate within three months of the petitioner

producing copy of this order.

(PIUS C.KURIAKOSE, JUDGE)

tgl

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