Jose vs The Syndicate Chits Funds Ltd on 31 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5903 of 2005(C)


1. JOSE, S/O. DEVASSYA,
                      ...  Petitioner
2. VARGHESE, S/O. DEVASSYA,

                        Vs



1. THE SYNDICATE CHITS FUNDS LTD.,
                       ...       Respondent

                For Petitioner  :SRI.RAJESH CHAKYAT

                For Respondent  :SRI.NIDHI BALACHANDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :31/05/2007

 O R D E R


                           PIUS C. KURIAKOSE,J.

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                           W.P.(C) No.5903 of 2005

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                             Dated: 31st May, 2007


                                   JUDGMENT

Having regard to the rival submissions addressed before me, I

am of the view that the only relief which can be aspired for by the

petitioner is instalment facility in the matter of discharging the decree

debt which presently comes to around Rs.30,000/-. Accordingly, the

Writ Petition will stand disposed of issuing the following directions:

The order of stay presently passed will continue only on

condition that the petitioners will remit every month commencing

from 15.6.2007 at the rate of Rs.3000/-. It is made clear that in the

event of any two defaults, they will forfeit the benefit of this

judgment. Under such a contingency the court below will proceed

with the execution as prayed for by the decree-holder.

srd                                        PIUS C.KURIAKOSE, JUDGE