IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 OP(C).No. 375 of 2010(O) ------------------------ AGAINST THE ORDER IN EP 26/2008 IN ARB.67/2006 of ADDL.DISTRICT COURT,KOTTAYAM .................... PETITIONER: ----------------------- ULAHANNAN THOMAS, S/O. THOMAS, AGED 56 YEARS, THENGUMPALLIL HOUSE, P.O.MANJOOR, KURUPPAMTHARA, KOTTAYAM DISTRICT. BY ADV. SRI.V.A.AJAI KUMAR RESPONDENT(S): --------------------------- 1. SHRIRAM TRANSPORT FINANCE COMPANY LTD., GEETHA COMMERCIAL COMPLEX, NAGAMPADAM, KOTTAYAM-1, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND BRANCH MANAGER, K.SUNIL KUMAR, S/O. B.KAILAS, VADAKKEDATH DESOM, KARA, CHENGAMANAD VILLAGE, ALUVA TALUK. 2. XAVIER THOMAS, S/O. THOMAS, THENGUMPALLIL HOUSE, P.O.MANJOOR, KURUPPANTHARA, KOTTAYAM DISTRICT - 686 603. THIS OP (CIVIL) HAVING BRRN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(C)NO.375/2010 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION NO.26/2008 IN ARB CASE NO.67/2006 ON THE FILE OF THE ADDITIONAL DISTRICT COURT KOTTAYAM FILED BY THE 1ST RESPONDENT. P2: COPY OF THE ATTACHMENT ORDER DTD. 1/09/2008 ISSUED BY THE TAHSILDAR, VAIKOM. P3: COPY OF THE ORDER OF ARREST DTD. 27/05/2010 PASSED BY THE ADDITIONAL DISTRICT COURT, KOTTAYAM IN E.P.NO.26/2008 IN ARB. CASE NO.67/2006. P4: COPY OF THE ORDER DTD. 01/07/2010 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.20426/2010. P5: COPY OF THE I.A.NO.70/2010 DTD. 31/08/2010 ON THE FILE OF ADDITIONAL DISTRICT COURT, KOTTAYAM. P6: COPY OF THE SAID E.A.NO.101/2010 PASSED BY THE ADDITIONAL DISTRICT COURT, KOTTAYAM. P7; COPY OF THE COMMON ORDER DTD. 15/09/2010 PASSED BY THE HONOURABLE HIGH COURT IN E.A.NO.70/2010 AND 101/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.375 of 2010 --------------------------------------- Dated this 30th day of November, 2010 JUDGMENT Judgment debtor No.1 in E.P.No.26 of 2008 of the court of learned Additional District Judge, Kottayam where an award in Arb.Case.No.67 of 2006 is being executed is the petitioner before me challenging Ext.P7, common order on E.A.Nos.70 and 101 of 2010 refusing to grant installment facility for payment of the amount due under the award and recall the warrant. The limited prayer made by petitioner in this proceeding is to grant installment facility for payment of the amount and to recall the warrant in the meantime. Though, notice was served on respondent No.1 there is no response from him. 2. Learned counsel submits that petitioner is not able to pay the entire amount in lump. It is also submitted that a portion of the amount is already paid and that, as directed by this court on 19-10-2010, `.25,000/- has been deposited in the court below . 3. Court below found that petitioner has sufficient means to pay the amount due under the decree. Though, that order was challenged in W.P.C.No.20426 of 2010 that challenge did not succeed as seen from Ext.P4, judgment and request of petitioner O.P(C).No.375 of 2010 : 2 : for payment of the amount in installment was allowed to be raised in the executing court. It is accordingly that petitioner filed E.A.Nos.70 and 101 of 2010. 4. Having regard to the circumstances stated by learned counsel I am inclined to grant petitioner five months' time from 15-12-2010 to pay the amount due under the award. Resultantly this petition is disposed of and the common order passed by the court below is modified in the following lines: (i) Petitioner is permitted to pay the amount due under the award in five [5] equal monthly installments beginning from 15-12-2010 onwards. (ii) The amount shall be deposited in the court below on or before 15th of every month and in case that day happens to be a holiday on the next working day. (iii) It is directed that by the last installment entire amount due under the award shall be deposited. (iv) In case of default in deposit of any installment it will be open to the court below to issue warrant of arrest to the petitioner. (v) Warrant of arrest issued to the petitioner shall stand in abeyance O.P(C).No.375 of 2010 : 3 : during the said period of five months or till default is committed, whichever is earlier. (vi) Amount in deposit or being deposited by petitioner can be withdrawn by respondent No.1/decree holder. (THOMAS P JOSEPH, JUDGE) Sbna/-