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.
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WP(C)No. 19919 OF 2007 U
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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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