IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7257 of 2008(L)
1. SIVASANKARAN, S/O. VADAKKUMURI SANKARAN,
... Petitioner
2. RAVINDRAN, S/O. KRISHNAN,
Vs
1. EZHUTHACHAN KURIES (P) LTD.,
... Respondent
For Petitioner :SRI.T.M.CHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/03/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C).No.7257 of 2008
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Dated this the 3rd day of March, 2008
JUDGMENT
This writ petition is preferred with a prayer to set aside
Ext.P4 order and directing the court below to reconsider the
request made in Ext.P2 petition, that is to recall the warrant.
2. The learned counsel submitted before me that the
judgment debtors never wanted to evade payment but they are
only carpenters by profession who are not in a position to pay
the money in lump sum and on the day when the matter was
posted for evidence, unfortunately the counsel was engaged in
another court at Irinjalakuda and there was a request made to
pass over the case. Unfortunately, no time was granted. Then a
petition filed to recall the warrant was also dismissed. If on
account of the absence of the lawyer for few hours, the party has
go to the jail, it may not be proper especially where it is
submitted that the counsel was engaged in another court. The
court has to take into consideration these aspects before
refusing the request to cross examine the witness. Even now,
WPC7257/2008 2
the learned counsel for the writ petitioners submits that if
breathing time is given they will be able to wipe off the liability
or in other words they wanted instalment facility.
I therefore set aside the order of the court below directing
to permit the judgment debtors counsel to cross examine the
witness of the decree holder and also to produce evidence in
support of their contentions. If it is possible to grant them
instalment facility as contemplated under order 20 Rule 11(2)
with the consent of the decree holder that also may be
considered. The writ petition is disposed of accordingly making
it very clear that the warrant of arrest should not be executed till
a final decision is taken in the matter.
M.N.KRISHNAN, JUDGE
csl