IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 14988 of 2009(O) -------------------------- ARC.211/2001 of DISTRICT COURT, ALAPPUZHA .................... PETITIONER(S): --------------- C.P.BOSELAL, CHIRATHARA, KEERIKKOD P.O., CHERTHALA. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENT(S): --------------- SREE KOGULAM CHIT AND FINANCE CO. (P) LTD., NO.49, ARCOT ROAD, KODAMBAKKOM, CHENNAI-24, REPRESENTED BY THE MANAGER (BUSINESS), ALAPPUZHA. ADV. SMT.A.SREEKALA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: 1. EXT.P1 : TRUE COPY OF THE AWARD DATED 06.02.2002. 2. EXT.P2 : TRUE COPY OF THE EXECUTION PETITION IN E.P.NO.8/2006 IN ARC 211/01 BEFORE THE DISTRICT COURT, ALAPPUZHA. 3. EXT.P3 : TRUE COPY OF THE WARRANT DATED 2.3.2009. 4. EXT.P4 : TRUE COPY OF THE LETTER DATED 13.01.2000. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE S.S.SATHEESACHANDRAN, J ------------------------------------- W.P.(C) No.14988 OF 2009 -------------------------------- Dated this the 5th day of April 2010 JUDGMENT Revision petitioner is the judgment debtor in E.P No.8 of 2006 in ARC No.211 of 2001 on the file of the District Court, Alappuzha. An arbitration award is being executed in the above execution petition in which a warrant of arrest was ordered against the petitioner/judgment debtor. Ext.P3 is the copy of the warrant issued against him. Assailing the issue of warrant under Ext.P3, the judgment debtor has preferred this writ petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. A conditional order was passed staying execution of the proceedings before the court below directing the judgment debtor to deposit a sum of Rs.40,000/- on the amount due within the time fixed. Judgment debtor has not complied with the direction and the time fixed for such deposit has elapsed. The transaction covered by the award was for a lesser amount and he is prepared to pay the amount covered by the award in instalments are the grounds canvassed to assail the order directing warrant against him. The execution court cannot go behind the decree and, further, an instalment relief canvassed by W.P.(C) No.14988 OF 2009 Page numbers the judgment debtor cannot be entertained without that being agreed by the decree holder. No compliance of the conditional order directing deposit of part of the decree debt as ordered by this court for stay of the execution is also a telltale circumstance indicating that there is no bonafides in any of the grounds raised by the judgment debtor in the petition. Writ petition lacks merit, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN JUDGE vdv //TRUE COPY// P.A TO JUDGE W.P.(C) No.14988 OF 2009 Page numbers