IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 OP(C).No. 1224 of 2011(O) -------------------------------------- E.P.NO. 128/2006 IN A.R.C.NO. 1754/2004 of SUB COURT, TIRUR .................... PETITIONER/RESPONDENT NO.1: ----------------------------------------------- NAMBANKUNNATH HAMZA, 32 YEARS, S/O.MOIDEENKUTTY HAJI, ULLANAM AMSOM DESOM, P.O.ULLANAM, TIRURANGADI TALUK. BY ADV. SRI.K.K.MOHAMMED RAVUF RESPONDENT(S): --------------------------- 1. THE SECRETARY, PARAPPANANGADI CO-OPERATIVE SERVICE BANK LTD.,NO.F.2302, PARAPPANANGADI.PIN-673 001 2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL) TIRUR.PIN-673 002 R1 BY ADV. SRI.K.P.SUDHEER SMT.M.SINDHU THANKAM THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.1224/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 9/10/2009 P2 COPY OF THE ORDER DATED 22/12/2009 OF THIS HON'BLE COURT.CRP 608/2009 P3 COPY OF THE STATEMENT P4 COPY OF THE ARREST WARRANT. P5 COPY OF THE CIRCULAR ISSUED BY THE CO-OP. DEPT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1224 of 2011 ==================================== Dated this the 26th day of September, 2011 J U D G M E N T Exhibit P4, order passed by the learned Sub Judge, Tirur in E.P. No.128 of 2006 (in ARC No.1754/2004-05) is under challenge. Executing court found that the balance amount payable by petitioner is `1,58,151/- as on the date of the order and ordered warrant of arrest to be repeated. 2. Though various contentions are raised in the Original Petition, learned counsel has confined his request to a facility to pay the amount due in installments. Counsel requested that petitioner may be granted five months' time to pay the balance amount. Counsel also submitted that as per the order passed by this Court petitioner has deposited `25,000/- in the executing court. 3. Learned counsel for first respondent submitted that installment facility was granted by this Court as per order dated February 10, 2010 in C.R.P. No.608 of 2009 but that was not complied. 4. Having regard to the difficulties of petitioner explained by the learned counsel I am inclined to grant time to the O.P(C) No.1224 of 2011 -: 2 :- petitioner pay the balance amount due though direction in the order in C.R.P. No.608 of 2009 has not been complied. Resultantly, this Original Petition is disposed of as follows: (a) Petitioner is permitted to pay/deposit in the executing court for payment to the first respondent the amount due under the decree in five equal monthly installments beginning from 01.11.2.011 provided that by the last installment the entire amount due is paid. (b) Payment/deposit shall be made on or before the 5th of every month and in case that day happens to be a holiday, such payment/deposit shall be made on the next working day. (c) In case any of the above conditions is violated it is open to the executing court to O.P(C) No.1224 of 2011 -: 3 :- proceed with the execution proceedings pursuant to Ext.P4, order. (d) Warrant of arrest issued against the petitioner will stand in abeyance during the said period of five months beginning from 01.11.2011 or till default is committed, whichever is earlier. It is made clear that this order will not stand in the way of petitioner approaching the first respondent-Bank for remission of interest. But it is directed that there shall not be any default in making payment/deposit of the amount as above stated. THOMAS P. JOSEPH, JUDGE. vsv