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P.T. SEBASTIAN, AGED 52 versus SENSI CHITTIES AND LOANS (P) LTD.

High Court of Kerala

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P.T. SEBASTIAN, AGED 52 v. SENSI CHITTIES AND LOANS (P) LTD. - WP(C) No. 19298 of 2006(V) [2007] RD-KL 1931 (24 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19298 of 2006(V)

1. P.T. SEBASTIAN, AGED 52,
... Petitioner

Vs

1. SENSI CHITTIES AND LOANS (P) LTD.,
... Respondent

For Petitioner :SRI.G.SREEKUMAR (CHELUR)

For Respondent :SRI.DILIP J. AKKARA

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :24/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... W.P.(C)No.19298 OF 2006 ............................................

DATED THIS THE 24th DAY OF JANUARY, 2007



JUDGMENT

Petitioner is judgment debtor. Respondent is the decree holder. Petitioner is challenging Ext.P3 order directing his arrest for non payment of the decree debt in O.S.1287 of 2000, executed in E.P.236 of 2003.

2. Learned counsel appearing for petitioner submitted that petitioner is prepared to pay the balance decree debt in instalments and that petitioner may be permitted to pay the amount in six instalments.

3. Learned counsel appearing for respondent did not object to the request. This petition is allowed. Ext.P4 order for arrest is quashed. Petitioner is permitted to pay the entire balance decree debt in six equal monthly instalments, first instalment falling on 19.2.2007. If petitioner commits default in payment of two consecutive instalments, executing court to proceed with the order of arrest.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


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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