IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 37084 of 2007(M) ---------------------------------------- EP.37/2002 of II ADDL.DISTRICT COURT,ERNAKULAM .................... PETITIONER: JUDGMENT DEBTOR ------------------- M/S. M.A.BANKERS, CHIDAMBARAM CHAMBERS, DORAI SWAMY IYER ROAD, ERNAKULAM, KOCHI-35, NOW AT WAKF BUILDING, PROVIDENCE ROAD, ERNAKULAM, COCHIN-18, REP. BY P.L.NAVIS, FORMAN. BY ADV. SRI.BABU CHERUKARA RESPONDENTS: DECREE HOLDER -------------------------- S.K.CHANDRASEKHARAN, "KOVILAKAM", POOTHOTTA, UDAYAMPEROOR, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE THOMAS (MEVADA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.37084/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE E.P. NO.37/02 OF THE 2ND ADDL. DISTRICT COURT, ERNAKULAM. EXT.P2:- COPY OF THE OBJECTION DT. 19.9.02 FILED BY THE PETITIONER IN THE EP. EXT.P3:- COPY OF THE OBJECTION DT. 16.8.07 DO. DO. EXT.P4:- COPY OF THE CHITTY AGREEMENT IN CHITTY NO.22 DT. 21./12.94 EXECUTED BY THE RESPONDENT. EXT.P5:- COPY OF THE CHITTY AGREEMENT IN CHITTY NO.23 DT. 21.12.94 EXECUTED BY THE RESPONDENT. EXT.P6:- COPY OF THE CHITTY AGREEMENT IN CHITTY NO.24 DT. 10.8.95 EXECUTED BY THE RESPONDENT. EXT.P7:- COPY OF THE CHTITY AGREEMENT IN CHITTY NO.25 DT. 10.8.95 EXECUTED BY THE RESPONDENT . EXT.P8:- COPY OF THE RECEIPT DT. DECEMBER 21 RECEIVING THE CHITTY AMOUNT IN CHITTY NO.22. EXT.P9:- COPY OF THE RECEIPT DT. 21.12.94 RECEIVING THE CHITTY AMOUT IN CHITTY NO. 23. EXT.P10:- COPY OF THE RECEIPT FOR RECEIVING THE AMOUNT IN CHITTY NO.24 .DT. 10.8.95. EXT.P11:- COPY OF THE RECEIPT FOR RECEIVING THE AMOUNT IN CHITTY NO.25 DT. 10.8.95. EXT.P12:- COPY OF THE CHITTY LEDGER (LAST ONE) IN CHITTY SUBSCRIPTION NO.22 DT. 10.1.05. EXT.P13:- COPY OF THE CHITTY LEDGER DO. DO. NO.23 DT. 10.1.05. EXT.P14:- COPY OF THE CHITTY LEDGER DO. DO. NO.24 DT. 10.1.05. EXT.P15:- COPY OF THE CHITTY LEDGER DO. DOI. NO.25 DT. 10.1.05. EXT.P16:- COPY OF THE LEDGER DT. 23.8.07 OF THE ADDL. DISTRICT COURT ERNAKULAM IN EP. NO.37/2002. /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 37084 OF 2007 = = = = = = = = = = = = = = = Dated this the 13 th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the District Judge, Ernakulam in E.P.37/02 whereby the Court has ordered to repeat arrest warrant. The learned counsel for the writ petitioner has contended before me that an amount is due to him from the decree holder in another transaction and that has to be set off and therefore that petition may be heard before implementing the order of arrest. 2. The execution proceedings are generally not intended to consider the cross cases and if there is any plea of set off it should have been pleaded in the written statement and not after the decree is passed. If he is entitled to have that amount it is for him to institute a suit and get a decree and at this belated stage it cannot be considered in an execution proceedings. Therefore the W.P.C 37084 OF 2007 -:2:- prayer to consider the petition on the ground of set off cannot be entertained. But if the judgment debtor is eager enough to pay the amount I give him an opportunity to do so and therefore I direct the Court below to permit him to pay the amount within a period of six weeks and in case if he fails the warrant may be executed. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-