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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 CDated 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
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