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N. ARUMUGHAN, S/O.NARAYANA THARAKAN versus M/S. HEMAMBIKA HIRE PURCHASE LEASING

High Court of Kerala

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N. ARUMUGHAN, S/O.NARAYANA THARAKAN v. M/S. HEMAMBIKA HIRE PURCHASE LEASING - WP(C) No. 21642 of 2006(B) [2007] RD-KL 11744 (2 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21642 of 2006(B)

1. N. ARUMUGHAN, S/O.NARAYANA THARAKAN,
... Petitioner

Vs

1. M/S. HEMAMBIKA HIRE PURCHASE LEASING
... Respondent

For Petitioner :SRI.BINOY VASUDEVAN

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :02/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.21642 of 2006

Dated this the 2nd day of July , 2007



JUDGMENT

Service is not complete on this writ petition under Article 227 of the Constitution, wherein the judgment debtor impugns the order of arrest passed by the Execution Court. Submission of Sri.Binoy Vasudevan, the learned counsel for the petitioner that if proper credit is given to all the payments which have been made by the petitioner subsequent to the passage of the impugned order including the payment made in pursuance to this court's interim order dated 14.8.2006, it will be seen that balance will be only about Rs.3,000/-, seems to be correct.

2. Under the above circumstances, I am of the view that this writ petition need not be kept pending in this court. The writ petition will stand disposed of issuing the following directions:

3. The order of stay will continue for three more months from today. It is open to the petitioner to pay the balance amount to the respondent decree holder either in a lump or in WPC No.21642/2006 2 instalments. Once the petitioner becomes confident that the entire decree debt is wiped off, it is open to him to file an application before the court below for recording full satisfaction of the decree debt. If such a application is received, the court below will hear the parties and take a correct decision on the same. PIUS C. KURIAKOSE,

JUDGE.

Dpk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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