Ashraf vs Jabber on 6 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9121 of 2009(O)


1. ASHRAF S/O. PUZHANKARAYILLATH ABU,
                      ...  Petitioner

                        Vs



1. JABBER S/O. KAKKAT ABOOBACKER,
                       ...       Respondent

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :06/08/2009

 O R D E R
                  S.S.SATHEESACHANDRAN, J.
                  -----------------------------------
                  W.P.(C).No.9121 of 2009 - O
                   ---------------------------------
             Dated this the 6th day of August, 2009

                          J U D G M E N T

The writ petition is filed by the judgment debtor in E.P.378

of 2007 in O.S.No.226 of 2004 on file of the Munsiff Court,

Kodungallur. Though in the writ petition some directions have

been sought for in relation to A.S.No.199 of 2006 on the file of

the Sub Court, Thrissur and also I.P.No.3 of 2008 on the file of

the same court, at the time of hearing learned counsel for the

petitioner submitted that he is confining his relief for a direction

only in respect of the execution petition pending before the

Munsiff Court, Kodungallur. Respondent is the decree holder in

the decree which is being executed before that court. The

grievance canvassed by the petitioner is that despite informing

the court that he has filed a insolvency proceedings as I.P.No.3 of

2008 to declare him as an insolvent, the execution court issued a

warrant for the reason that he did not appear on the posting date

of the execution petition.

2. I heard the counsel for the petitioner and also the

respondent/decree holder.

W.P.(C).No.9121 of 2009 – O

2

3. By virtue of an interim order passed by this Court, the

execution of the warrant has been kept in abeyance. The learned

Munsiff is directed to examine the question of issuing warrant

against the judgment debtor with reference to the provisions

under the Insolvency Act when a proceedings thereof is stated to

have been commenced by the judgment debtor. The stay

granted by the court directing the keeping in abeyance of the

execution of the warrant shall continue to be in force till the

above question is considered by the execution court and

appropriate orders passed in accordance with law.

Subject to the above observation, the writ petition is closed.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-