IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 OP(C).No. 3126 of 2011(O) -------------------------------------- OS.NO. 4/2010 of MUNSIFF COURT, VADAKARA .................... PETITIONER/2ND RESPONDENT --------------------------------------------- SRI.SHIBU. P, S/O.KANARAN. P, AGED 27, PARAKKAL HOUSE, POST - NADAKKUTHAZHA, NADAKKUTHAZHA AMSOM DESOM, VATAKARA TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): RESPONDENT -------------------------------------------------- CANARA BANK WITH HEAD OFFICE AT BANGLORE, BY PRINCIPAL OFFICER, SENIOR MANAGER, CANARA BANK, VATAKARA BRANCH, AMBIKA BUILDING, CHURCH ROAD, VATAKARA, VATAKARA AMSOM DESOM, VATAKARA TALUK.PIN-673 101 BY ADV.SRI.P.GOPINATHA MENON,SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3126/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE EXECUTION PETITION. P2 COPY OF THE AFFIDAVIT FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.3126 of 2011 --------------------------------------- Dated this 28th day of September, 2011 JUDGMENT First respondent appears through counsel. 2. The challenge is to the issue of arrest warrant against petitioner/Judgment debtor-II in E.P.No.99 of 2000 in O.S.No.4 of 2010 of the Court of learned Munsiff, Vatakara. Respondent has obtained a money decree against petitioner and others. According to the petitioner, he has paid around `.50,000/-. The balance amount due is `.37,960/-, according to the petitioner. On 05.09.2011 he paid `.50,000/- but the executing court issued warrant of arrest to the petitioner. On 20.09.2011 petitioner filed Ext.P2, application to recall the same and paid a further sum of `.5,000/-. But the warrant is still pending against petitioner. In the circumstance learned counsel requested that petitioner may be permitted to pay the amount in installments. 2. I have heard learned counsel for respondent also. Learned counsel submitted that in case this Court is inclined to grant installment facility, it may be confined to 5 installments. 4. Having regard to the difficulties of petitioner stated by learned counsel, I am inclined to permit petitioner to pay the O.P(C).No.3126 of 2011 -: 2 :- entire balance amount due as per the decree in seven equal monthly installments beginning from 01.11.2011 onwards. Resultantly this original petition is disposed of as follows: (i) Petitioner is permitted to pay the balance amount due under the decree in seven (7) equal monthly installments beginning from 01.11.2011 provided that by the last installment, the entire amount due is paid. (ii) The payment/deposit in executing court for such payment shall be made on or before the 5th of every month and in case that day happens to be a holiday, payment/deposit shall be made on the next working day. (iii) In case there is default in payment of any two installments or the entire amount is not paid within the time aforesaid, it will be open to the executing court to proceed with execution pursuant to the finding regarding means without any further enquiry. (iv) Warrant of arrest issued to the petitioner will stand in abeyance for the said period of seven (7) months or till default as aforesaid is committed, whichever is earlier. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-