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SUBRAMANYA BAKERY AND SWEET STALL versus CATHOLIC SYRIAN BANK, REPRESENTED BY

High Court of Kerala

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SUBRAMANYA BAKERY AND SWEET STALL v. CATHOLIC SYRIAN BANK, REPRESENTED BY - WP(C) No. 24272 of 2007(M) [2007] RD-KL 15336 (9 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24272 of 2007(M)

1. SUBRAMANYA BAKERY AND SWEET STALL,
... Petitioner

2. S.SATHIKUMAR, AGED 48, S/O. SADASIVAN,

Vs

1. CATHOLIC SYRIAN BANK, REPRESENTED BY
... Respondent

For Petitioner :SRI.R.T.PRADEEP

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :09/08/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 24272 OF 2007 M

Dated this the 9th August, 2007.



JUDGMENT

This writ petition is filed seeking to set aside the order passed on 20.2.2007 . The order reads as follows:-

"Rs.2,000/- paid. Issue warrant. For return of warrant." From the papers it is revealed that the respondent has raised a contention regarding the plea of no means. I am informed that evidence was also let in. But unfortunately I do not find any finding to the effect that the judgment debtors have the means to pay and they are willfully neglecting to pay the amount. Unless one is convinced about those factors it may not be correct to order warrant of arrest against the judgment debtors. This Court on so may occasions has held that orders can be brief but not blank. I again remind the court below on the said point and this court can now only set aside the order and direct the court below to consider the matter afresh and pass an order with reasoning so that the appellate court can always understand the contents of the order. Therefore, the order under challenge is set aside and is remitted back to the court below and the court is directed to give notice to the decree holder as well and thereafter hear it. After WPC 24272/07 2 hearing both sides, pass an order in accordance with law and till that time the judgment debtors shall not be arrested and detained in prison. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj


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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