IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17964 of 2006(L)
1. K.P. ANTONY, S/O. PETER,
... Petitioner
Vs
1. EBEN-EZER KURIES & ENTERPRISES,
... Respondent
2. K.V. GEORGE, AGED 53 YEARS,
For Petitioner :SRI.PROMY KAPRAKKATT
For Respondent :SRI.P.T.JOSE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :03/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C)No.17964 OF 2006
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DATED THIS THE 3RD JULY, 2007
J U D G M E N T
Ext.P1 impugned in this Writ Petition under Article 227 of the
Constitution by the 2nd judgment-debtor before the execution court is
an order by which the court has directed the petitioner to be
committed to civil prison. This Court on admitting the Writ Petition
directed release of the petitioner from the civil prison upon executing a
bond with two sureties undertaking to appear before the execution
court as and when required by that court. This Court also ordered that
the petitioner shall furnish security for the E.P. claim to the satisfaction
of the court below within one month from 10.7.2006. The learned
counsel for the petitioner submits that the above conditions have been
complied with by the petitioner. The counsel further submitted that
even as learned Munsiff passed the impugned order, Ext.P2 insolvency
petition was pending before the Insolvency Court. It was without
noticing Ext.P2 that the impugned order was passed. The above
submissions of the petitioner are not resisted by anybody.
2. According to me, the interim order issued by this Court on
10.7.2006 grants him the relief which he could have aspired for in this
Writ Petition. The above interim order is made absolute. The Writ
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Petition is disposed of directing the petitioner to seek further reliefs, if
any, from the Insolvency Court. No costs.
(PIUS C.KURIAKOSE, JUDGE)
tgl
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