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JOSE, S/O. DEVASSYA versus THE SYNDICATE CHITS FUNDS LTD.

High Court of Kerala

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JOSE, S/O. DEVASSYA v. THE SYNDICATE CHITS FUNDS LTD. - WP(C) No. 5903 of 2005(C) [2007] RD-KL 9133 (31 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5903 of 2005(C)

1. JOSE, S/O. DEVASSYA,
... Petitioner

2. VARGHESE, S/O. DEVASSYA,

Vs

1. THE SYNDICATE CHITS FUNDS LTD.,
... Respondent

For Petitioner :SRI.RAJESH CHAKYAT

For Respondent :SRI.NIDHI BALACHANDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :31/05/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.5903 of 2005
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Dated: 31st May, 2007



JUDGMENT

Having regard to the rival submissions addressed before me, I am of the view that the only relief which can be aspired for by the petitioner is instalment facility in the matter of discharging the decree debt which presently comes to around Rs.30,000/-. Accordingly, the Writ Petition will stand disposed of issuing the following directions: The order of stay presently passed will continue only on condition that the petitioners will remit every month commencing from 15.6.2007 at the rate of Rs.3000/-. It is made clear that in the event of any two defaults, they will forfeit the benefit of this judgment. Under such a contingency the court below will proceed with the execution as prayed for by the decree-holder.

srd PIUS C.KURIAKOSE, JUDGE


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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