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C.KUMARAN, AGED 51 YEARS, S/O. CHATHAN versus THE DHANALAKSHMI BANK LTD.

High Court of Kerala

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C.KUMARAN, AGED 51 YEARS, S/O. CHATHAN v. THE DHANALAKSHMI BANK LTD. - CRP No. 1006 of 2006 [2007] RD-KL 1980 (25 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1006 of 2006()

1. C.KUMARAN, AGED 51 YEARS, S/O. CHATHAN,
... Petitioner

2. K.R.JOSE, S/O. RAPPAI,

Vs

1. THE DHANALAKSHMI BANK LTD.,
... Respondent

2. RADHAKRISHNAN, S/O. KOCHUGOVINDAN,

For Petitioner :SRI.K.B.MOHANDAS

For Respondent :SRI.NAGARAJ NARAYANAN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :25/01/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.

C.R.P .NO.1006 OF 2006 Dated 25th January 2007

O R D E R

Petitioners are judgment debtors and respondent, the decree holder in O.S.2648/99. As per order dated 9/8/2006 executing court passed an order in E.P.337/04 which reads: "Issue arrest warrant 14.11.2006." Subsequently on 14/11/2006 following order was passed. "Repeat arrest warrant with police aid" . This petition is filed under Section 115 of Code of Civil Procedure contending that petitioners specifically contended that decree holder had earlier filed E.P.1501/01, whereunder Rs.42,000/- was realised by attachment of salary of petitioners and this was not credited in the execution petition. They have also raised a contention that they have no means to pay decree debt. It was contended that in spite of the contentions, executing court directed arrest by a non speaking order. 2

2. Before directing arrest of judgment debtors for realisation of decree debt, executing court is bound to consider the objections raised by judgment debtors that they have no means. As none of the contentions raised by petitioners were considered by the executing court, order of arrest passed against petitioners in E.P.337/04 is quashed. Principal Munsiff, Thrissur is directed to consider the objections raised by petitioners, including their case that amount already realised in the earlier execution petition was not credited to their account and pass appropriate orders in accordance with law. Writ petition is disposed accordingly. M.SASIDHARAN NAMBIAR,

JUDGE.

uj.


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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