IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 531 of 2010(O)
1. DR.SUKUMARAN K.M.,
... Petitioner
Vs
1. STATE BANK OF TRAVANCORE,
... Respondent
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :02/11/2010
O R D E R
THOMAS P JOSEPH, J.
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O.P(C).No.531 of 2010
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Dated this 02nd day of November, 2010
JUDGMENT
Heard both sides.
2. Judgment debtor in E.P.No.367 of 2008 in O.S.No.19
of 2007 of the court of learned Principal Sub Judge, Thalasery is
the petitioner before me. He has suffered a money decree on
27-11-2008 and warrant of arrest was issued to him twice but, he
could not be arrested and produced before court. In the
meantime he has deposited certain amounts. Thereafter he filed
an application to recall the warrant which was dismissed by the
executing court on 29-10-2010. That order is under challenge.
Though learned counsel for petitioner has raised various
contentions in this petition in challenge of the impugned order, at
the time of hearing he has only made a request to grant some
time to pay the balance amount. I have heard learned counsel for
respondent also.
3. Having heard counsel on both sides, I am inclined to
give three months’ time to the petitioner to pay the entire
balance amount due under the decree.
O.P(C).No.531 of 2010
: 2 :
Resultantly this petition is disposed of in the following lines:
(i) Petitioner is permitted to pay the
entire balance amount due under the decree in
three monthly installments beginning from
01-12-2010 provided that by the last installment
the entire balance amount due is paid.
(ii) Petitioner shall deposit the amount
on or before the 5th of every month in the
executing court for payment to the respondent.
(iii) In case of default in payment of any
one installment or the entire amount is not paid
within the time granted hereby, it will be open to
the respondent to seek personal execution
against petitioner without any further enquiry as
to means.
(iv) Warrant of arrest issued to the
petitioner will stand in abeyance during the said
period of three months beginning from
01-12-2010 or till default as stated in clause (iii)
is committed, whichever is earlier.
(THOMAS P JOSEPH, JUDGE)
Sbna/-