IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1011 of 2007(U)
1. KRISHNAN KUTTY,
... Petitioner
Vs
1. THE MANAGER,
... Respondent
2. M/S.KRISHNA OIL MILLS,
3. SMT.P.CHANDRIKA, W/O. KRISHNANKUTTY OF
For Petitioner :SMT.SREEDEVI KYLASANATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :11/01/2007
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C)NO.1011 OF 2007
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DATED THIS THE 11th DAY OF JANUARY, 2007
JUDGMENT
Petitioner is third judgment debtor. Second judgment debtor is
his wife. As per Ext.P1 order, executing Court directed his arrest for
realisation of the decree debt in E.P.6/05. This petition is filed under
Article 227 of Constitution of India contending that petitioner is
prepared to pay the amount due either by monthly instalment or by
one time settlement scheme.
2. Learned Counsel appearing for petitioner was heard.
3. The question whether petitioner is to be permitted to pay
the decree amount in instalment or not, is to be decided by the
executing Court. Petitioner is at liberty to file an application before the
executing Court to grand permission to pay the balance decree debt in
instalments. If such an application is filed within 10 days from today
before the executing Court, learned Sub Judge has to pass appropriate
order in that application in accordance with law.
Learned Sub Judge is directed to keep the order or arrest in
abeyance for ten days and if application is filed till it is disposed.
Petitioner is also at liberty to submit a representation before first
W.P.(c)1011/07 2
respondent bank, for one time settlement and if such an application
is filed decree holder bank has to pass appropriate order in it in
accordance with law.
Petition disposed.
M.SASIDHARAN NAMBIAR,JUDGE
Acd