IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 2998 of 2010(O) ------------------------- AGAINST THE ORDER IN EP.170/2008 IN OS.604/2003 of SUB COURT,THRISSUR .................... PETITIONER(S): --------------- 1. P.R.ANTO, AGED 50 YEARS, S/O.PERUMBULLIKKADAN RAPPAI, KIZHAKKUMPATTUKARA DESOM, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, TRICHUR DT. (CLERK, CATHOLIC SYRIAN BANK, ZONAL OFFICE, THRISSUR). 2. B.A.PAUL, S/O.BRAHMAKULAM ANTONY, CHELOKOTTUKARA DESOM, CHIYYARAM VILLAGE, THRISSUR TALUK, THRISSUR DT. (MANAGER, CATHOLIC SYRIAN BANK, COLLEGE ROAD, THRISSUR). 3. P.R.SUNNY, S/O.PERUMBULLIKKADAN RAPHAI, MULLAKKARA DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, THRISSUR DT., (CLERK, SOUTH INDIAN BANK, HEAD OFFICE, THRISSUR). BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S): --------------- FAIR KURIES (INDIA) LTD., C-BLOCK, JAI HIND MARKET BUILDING, THRISSUR, NOW FUNCTIONING AT 2ND FLOOR, EAST END PLAZA BUILDING, RICE BAZAR, CHEUMBUKKAVU VILLAGE, THRISSUR DT. ADV. SRI.SHIJU VARGHEESE SRI PRAMOJ ABRAHAM SRI.RENDEEP PREM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.2998/2010 APPENDIX PETTIONERS' EXHIBITS: EXT.P1 TRUIE COPY OF EXECUTION PETITION FILED BY PETITIONERS IN EP NO.170/2008 ON THE FILE OF SUB COURT, THRISSUR DATED 8.4.2009 EXT.P2 TRUE COPY OF COUNTER STATEMENT FILED BY FIRST PETITIONER DATED 13.7.2008 EXT.P3 TRUE COPY OF COUNTER FILED BY PETITIOERS 2 AND 3 DATED 12.10.1999 EXT.P4 TRUE COPY OF PROOF AFFIDAVIT FILED BY THE RESPONDENT IN OS 604/.2003 IN EP NO.170/2008 ON THE FILE OF SUB COURT, THRISSUR DATED 7.1.2010 RESPONDENT'S EXHIBITS: EXT.R1 TRUE COPY OF EP NO.74/2007 IN OS 604/2003 OF THE SUB COURT, THRISSUR DATED 31.1.2007 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.2998 of 2010 -------------------------------------- Dated this the 27th day of July, 2010. JUDGMENT Petitioners are judgment debtors in E.P.No.170 of 2008 in O.S.No.604 of 2003 of the court of learned Sub Judge, Thrissur. They are aggrieved by the order issuing warrant of arrest against them on a finding that inspite of having sufficient means they have refused or neglected to pay amount due under the decree to the respondent. Though order issuing warrant of arrest against petitioners is under challenge in this Writ Petition, copy of that order is not produced. It is not disputed that petitioners are officers working in South Indian Bank and Catholic Syrian Bank, respectively. Learned counsel for petitioners has now requested that petitioners may be permitted to pay the balance amount due in installments. It is stated that pursuant to the order of this Court Rs.50,000/- was deposited in the executing court. I have heard learned counsel for respondent also on the request made by petitioners for installment facility. Having regard to the facts and circumstances stated, I am inclined to permit petitioners to pay balance amount due under the decree in installments. Resultantly this Writ Petition is disposed of in the following lines: i. Petitioners are permitted to pay the balance amount due under the decree to respondent in eight (8) monthly installments beginning from 01.08.2010, at the rate of not less than Rs.17,000/-(Rupees Seventeen WP(C) No.2998/2010 2 thousand only) per month provided that by the last installment, entire liability shall be discharged. The deposit shall be made in the executing court on or before fifth (5th ) of every month. It will be sufficient compliance with the direction for deposit of the amount if the amount is paid to the counsel for respondent in the executing court against receipt issued by the counsel, produced in the executing court and properly certified within the specified time. ii. In case there is default in payment of any two installments or, the entire amount is not paid within th time granted hereby it will be open to the respondent to proceed with personal execution against petitioners based on the impugned order without further enquiry regarding means of petitioners. iii. Warrant of arrest issued against petitioners shall remain in abeyance during the said period of eight (8) months beginning from 01.08.2010 or till default is committed by petitioners as stated in clause (ii), whichever is earlier. iv. The amount already deposited in the executing court can be withdrawn by the respondent. THOMAS P.JOSEPH, Judge. cks