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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. 5902 of 2005(C) [2007] RD-KL 9333 (4 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5902 of 2005(C)

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

2. ANTONY S/O. ITTIYARA,

Vs

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

For Petitioner :SRI.RAJESH CHAKYAT

For Respondent :SRI.NIDHI BALACHANDRAN

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :04/06/2007

O R D E R

M.N. KRISHNAN, J.

WP(C)No.5902 OF 2005 C

Dated this the 4th June, 2007.



JUDGMENT

This writ petition is filed seeking for a direction to recall the arrest warrant in E.P.57/04 on the file of the Munsiff Court, Irinjalakuda. There is also a prayer to grant twenty instalment facilities to wipe off the decree debt. Decree holder also represented. As per the directions of this Court an amount of Rs.5,000/- had been paid and I find, on an earlier occasion i.e on 1.2.2005 an amount of Rs.2,500/- is paid. Now, learned counsel for the writ petitioner would submit that if some instalment facilities are given his client will wipe off the liability.

2. After hearing learned counsel for the decree holder, I feel some time can be granted to the writ petitioner to wipe off the liability by permitting him to pay the amount in four instalments. Therefore, the writ petition is disposed of as follows:

i) The writ petitioner is directed to pay the actual balance amount due in four equal monthly instalments commencing from 1st July 2007. ii) If the writ petitioner commits default of payment of any of the instalments, the decree holder will be at WPC 5902/05 2 liberty to proceed against the petitioners for arrest and detention in civil prison for realisation of the decree amount. In order to enable the writ petitioners to pay the amount the order of arrest shall not be executed if there is compliance of this order. M.N.KRISHNAN Judge jj


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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