C.P. HARI, S/O.R. PARAMESWARAN NAIR versus THE CATHOLIC SYRIAN BANK LTD.

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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C.P. HARI, S/O.R. PARAMESWARAN NAIR v. THE CATHOLIC SYRIAN BANK LTD. - CRP No. 975 of 2006 [2007] RD-KL 1877 (24 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 975 of 2006()

1. C.P. HARI, S/O.R. PARAMESWARAN NAIR,
... Petitioner

2. PARAMESWARAN NAIR, S/O.RAMAN NAIR,

Vs

1. THE CATHOLIC SYRIAN BANK LTD.,
... Respondent

For Petitioner :SRI.C.P.PEETHAMBARAN

For Respondent :SRI.R.BINDU (SASTHAMANGALAM)

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :24/01/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

C.R.P .NO. 975 OF 2006 Dated 24th January 2007

O R D E R

Petitioners are judgment debtors 1 and 2 in O.S.577/01 on the file of Munsiff court, North Paravur. Respondent is the decree holder. For realisation of the decree debt respondent filed E.P.326/2005 seeking arrest and detention of petitioners. As per order dated 14/7/2006 executing court directed arrest of petitioners which is challenged in this petition filed under Section 115 of Code of Civil Procedure.

2. Learned counsel appearing for petitioners and respondent were heard.

3. Learned counsel appearing for petitioners submitted that they may be permitted to pay the entire decree debt in ten equal monthly instalments. Learned counsel appearing for decree holder was also heard. Considering the fact that respondent is a bank, in the interest of justice, petitioners are permitted to pay the balance decree debt in ten equal monthly  2 instalments.

4. Revision petition is disposed quashing the order dated 14/7/2006 and permitting petitioners to pay the entire balance decree debt in ten equal monthly instalments starting from 14/2/2007. If petitioners commit default in payment of two consecutive instalments executing court is to order their arrest. M.SASIDHARAN NAMBIAR,

JUDGE.

uj. 

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