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JOSE S/O. DEVASSYA v. THE SYNDICATE CHITS FUNDS LTD. - WP(C) No. 5902 of 2005(C)  RD-KL 9333 (4 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 5902 of 2005(C)
1. JOSE S/O. DEVASSYA,
2. ANTONY S/O. ITTIYARA,
1. THE SYNDICATE CHITS FUNDS LTD.,
For Petitioner :SRI.RAJESH CHAKYAT
For Respondent :SRI.NIDHI BALACHANDRAN
The Hon'ble MR. Justice M.N.KRISHNAN
O R D E R
M.N. KRISHNAN, J.WP(C)No.5902 OF 2005 C
Dated this the 4th June, 2007.
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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