IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 OP(C).NO. 2487 OF 2011(O) --------------------------------------- AGAINST EP.61/2009 IN ARBITRATION REFERENCE NO.45 OF 2008, SECOND ADDITIONAL DISTRICT COURT, KOLLAM PETITIONERS/JUDGMENT DEBTORS: ------------------------------------------------ 1. AMEER SHAH, S/O. HABEEB MUHAMMED, AGED 30 YEARS, AMEER MANSIL, THRIPPALAZHIKOM, KAREEPRA, KOTTARAKKARA, KOLLAM. 2. RAMLA BEEVI, W/O. HABEEB MUHAMMED, AMEER MANSIL, THRIPPALAZHIKOM, KAREEPRA, KOTTARAKKARA, KOLLAM. 3. HABEEB, S/O. MOHAMMED, AMEER MANSIL, THRIPPALAZHIKOM, KAREEPRA, KOTTARAKKARA, KOLLAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): DECREE HOLDER ----------------------------------------------------- M/S. MUTHOOT LEASING AND FINANCE LTD., BANERJI ROAD,KURIAN TOWERS, ERNAKULAM PIN 682 031 NOW RENAMED AS MUTHOOT VEHICLE & ASSET FINANCE VEHICLE AS PER THE NOTIFICATION OF REGR. OF COMPANIES KERALA & LAKSH- ADWEEP,UNDER MINISTRY OF CORPORATE AFFAIRS,GOVT.OF INDIA,DT.18.9.08, REP.BY P/A HOLDER, S.SUBASH. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2487 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE INJUNCTION ORDER AND INJUNCTION SCHEDULED PROPERTY IN I.A. NO.1645 OF 2008 IN O.P. ARBITRATION NO.361/2008 OF THE THIRD ADDITIONAL DISTRICT COURT, ERNAKULAM. EXHIBIT P2 A TRUE COPY OF THE EXECUTION PETITION IN E.P. (ARBITRATION) NO.61 OF 2009 OF SECOND ADDITIONAL DISTRICT COURT, KOLLAM. EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS. EXHIBIT P4 A TRUE COPY OF THE SALE PROCLAMATION DATED 13.7.2011 ISSUED BY THE SECOND ADDITIONAL DISTRICT COURT, KOLLAM DIRECTING TO SELL THE PROPERTY ON 04.08.2011. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2487 of 2011 ==================================== Dated this the 01st day of August, 2011 J U D G M E N T Petitioners are judgment debtors in E.P (Arb.) No.61 of 2009 in Arbitration Reference No.45 of 2008 of the court of learned Additional District Judge-II, Kollam. Respondent has obtained an award in the said proceeding for recovery of amount in respect of a car loan transaction and sought execution of the award. Property of petitioners is being brought up for sale on 04.08.2011, according to the petitioners for a paltry amount when the property would fetch more than Rupees Ten lakhs. It is contended that the amount due is only Rs.1,83,880.50. Petitioners seek installment facility to pay off the amount due. 2. Though a contention is raised that Order XXI Rule 64 of the Code of Civil Procedure is not complied it is seen that no material was produced in the executing court to show value of the property scheduled to be sold as claimed by petitioner. Therefore I do not find reason to interfere with the sale proclamation. 3. So far as request for installment facility prayed for is concerned, petitioners have to urge the same before the O.P(C) No.2487 of 2011 -: 2 :- executing court. To facilitate that I am inclined to grant some time to the petitioners but subject to conditions. Resultantly, Original Petition is disposed of in the following lines: (i) It is directed that sale of property scheduled to be held on 04.08.2011 will stand adjourned to a day after one month from this day subject to the following conditions. (a) Petitioners shall file affidavit in the executing court before the time scheduled for sale of property waiving fresh proclamation for such sale. (b) Petitioners shall deposit in the executing court `25,000/- (Rupees Twenty five thousand only) within two weeks from this day. (c) If any of the conditions under clause (a) and (b) is violated, it will be open to the executing court to proceed with sale of the property. O.P(C) No.2487 of 2011 -: 3 :- (ii) Petitioners are permitted to request the executing court to permit them pay the balance amount due in installments. If any such request is made, executing court shall pass appropriate orders expeditiously after hearing the respondent as well. THOMAS P. JOSEPH, JUDGE. vsv