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NJANASEELAN, POLNIVAS, KILIYOOR DESOM versus M. SUDHAKARAN, SENIOR AUDITOR

High Court of Kerala

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NJANASEELAN, POLNIVAS, KILIYOOR DESOM v. M. SUDHAKARAN, SENIOR AUDITOR - WP(C) No. 23662 of 2005(P) [2007] RD-KL 4097 (23 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23662 of 2005(P)

1. NJANASEELAN, POLNIVAS, KILIYOOR DESOM,
... Petitioner

Vs

1. M. SUDHAKARAN, SENIOR AUDITOR,
... Respondent

For Petitioner :SRI.G.S.REGHUNATH

For Respondent :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :23/02/2007

O R D E R

K.P.BALACHANDRAN, J.


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W.P.(C)NO.23662 OF 2005
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Dated this the 23rd day of February 2007



JUDGMENT

The respondent is present in person with his salary certificate. The salary certificate shows that his gross salary is 18,309/-. The insurance premium remitted by him is only Rs.30/- and subscription to Central Government Health Scheme is only Rs.100/- while he is making a subscription of Rs.10,000/- to his GPF account for a bright future after his retirement. The respondent who is the judgment debtor cannot save for himself in this manner without discharging the debt. Counsel for the respondent offers to make payment of Rs.22,500/- which is the instalment in arrears as per the order of this court dated 24.11.2006 and makes payment of the said amount to the counsel for the petitioner. It is ordered in modification of the order dated 24.11.2006 that the respondent/judgment debtor has to make payment of an amount of Rs.10,000/- each per month to the petitioner/decree holder beginning with the 5th day of March 2007 till the debt is discharged in full. In case of default in payment of any one instalment, the petitioner/decree holder shall W.P.(C)NO.23662 OF 2005 2 be entitled to proceed with personal execution against the respondent he being a person of means as evident from his salary certificate and the rate at which he is making contribution to his GPF account. The memo for receipt of Rs.22,500/- shall be got signed from the counsel for the petitioner and shall be produced before the execution court to have part satisfaction recorded. With this direction I dispose of this writ petition.

K.P.BALACHANDRAN, JUDGE

jes


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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