IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 18563 of 2009(O) ------------------------------------ EP.118/2007 of SUB COURT, TIRUR .................... PETITIONER(S): ----------------------- KANDANATH AYYOOB, S/O.MOHAMMED, PALATHINGAL, ULLANAM AMSOM DEOSM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- THE PARAPPANANGADI SERVICE CO-OPERATIVE BANK LTD., NO.F.2302, PARAPPANANGADI, MALAPPURAM DISTRICT BY ITS SECRETARY. BY ADV. SRI. K.P.SUDHEER SMT.N.N.PRASEEDA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.18563/2009-O APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE EXECUTION PETITION. P2 COPY OF THE ORDER OF THE ADALATH. P3 COPY OF THE ORDER BY THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.18563 OF 2009 ------------------------------- DATED THIS THE 13TH DAY OF OCTOBER, 2010 JUDGMENT Petitioner is the judgment debtor in E.P.No.118/2007 in ARC.No.2704/2006 on the file of the Sub Court, Tirur. The respondent-Bank is the decree holder. Ext.P1 is the copy of the execution petition. The amount due as on the date of filing of Ext.P1 is Rs.9,02,821/- and cost. The matter was placed before the Adalath. In the Adalath the disputes between the parties were settled and the petitioner was directed to pay an amount of Rs.8,15,000/- on or before 29/2/2008. Ext.P2 is the order passed in the Adalath. The petitioner failed to remit the amount within the time fixed in Ext.P2 order. Subsequently, the petitioner approached the Government and the Government passed Ext.P3 order directing to pay the amount fixed in the Adalath in five monthly instalments. The respondent-Bank challenged Ext.P3 -2- WP(C).No.18563/2009 order before this Court in W.P.(C).No.l2597/2009. This Court by judgment dated 17/12/2009, copy of which is produced as Ext.R1 (a), set aside the order passed by the Government. Subsequent to the judgment (Ext.R1(a) the execution court proceeded further to execute the award amount. 2. This writ petition was filed before passing of Ext.R1 (a) judgment. The relief claimed in the writ petition is on the basis of the Ext.P3 Government order. Since Ext.P3 order was set aside by this Court by Ext.R1(a) judgment, the question sought to be agitated in this writ petition does not survive. 3. The learned counsel for the petitioner submitted that pursuant to the interim order passed by this Court dated 24/7/2009 and 23/11/2009, the petitioner deposited a total sum of Rs.3.5 lakhs towards the liability. The learned counsel prays that the petitioner may be permitted to pay the balance amount in monthly instalments. The prayer of the learned counsel for the petitioner was seriously opposed by the counsel appearing for the -3- WP(C).No.18563/2009 respondent-Bank. However, in the interest of justice, this Court is of the view that an opportunity shall be given to the petitioner to pay the balance amount due in instalments. Accordingly, accepting the request of the petitioner, this Court order that the petitioner shall pay Rs.1,50,000/- (Rupees one lakh and fifty thousand) within a period of six weeks from today and the balance amount due under the award shall be payable in ten equal monthly instalments. The first instalment shall be paid on or before 5th January, 2011 and the subsequent instalments on or before the 5th of every succeeding months. If the petitioner failed to pay any of the instalments within the time prescribed above, the execution court shall proceed for realisation of the amount in lump sum by resorting continuation of the proceedings in accordance with law. 4. The learned counsel for the petitioner submits that the respondent-Bank has a scheme to settle the amount at a reduced rate. The petitioner is free to approach the Bank for fixing the amount payable at a reduced rate. In case the petitioner submits -4- WP(C).No.18563/2009 such an application before the Bank within three weeks from today, the Bank shall consider such application and pass appropriate orders within a period of one month thereafter. HARUN-UL-RASHID, Judge. kcv.