IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 6939 of 2009(O) ------------------------- AGAINST THE ORDER IN EP 224/06 IN OS.263/1995 of III ADDL. SUB COURT, THALASSERY .................... PETITIONER: --------------- M/S.BHARATH MACHINES, MACHINERY MANUFACTURERS,KATTAMBALLI, REP.BY ITS PROPRIETOR P.V.NARAYANAN, RESIDING AT THEJAS,NELLANHIPARAMBA, NEAR MAHILA SAMAJAM,P.O.CHIRAKKAL,KANNUR. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENTS: --------------- 1. K.P.PAUL,S/O.PORINCHU, MANAGING PARTNER OF M/S.POPULAR AUTO MOBILES, OLLUKKARA VILLAGE,TRICHUR TALUK, REP.BY POWER OF ATTORNEY HOLDER FRANCIS PAUL, S/O.K.P.PAUL,BANERJI ROAD,ERNAKULAM. 2. FRANCIS PAUL,S/O.K.P.PAUL, PARTNER OF M/S.POPULAR AUTO MOBILES, BANERJEE ROAD,OLLUKKARA,ERNAKULAM. 3. JOHN PAUL,S/O.K.P.PAUL, PARTNER OF M/S.POPULAR AUTO MOBILES, OLLUKKARA VILLAGE,TRICHUR TALUK, REP.BY POWER OF ATTORNEY HOLDER FRANCIS PAUL, S/O.K.P.PAUL,BANERJI ROAD,ERNAKULAM. 4. SAJU THOMAS, S/O.K.T.THOMAS, PARTNER OF M/S.POPULAR AUTO MOBILES, OLLUKKARA VILLAGE,TRICHUR TALUK, REP.BY POWER OF ATTORNEY HOLDER FRANCIS PAUL, S/O.K.P.PAUL,BANERJI ROAD,ERNAKULAM.(NOW DOING BUSINESS AT "POPULAR AUTOMOBILES",MAMAMGALAM,EKM.) ADV. SRI.VARGHESE C.KURIAKOSE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON 03/12/2009 DELIVERED THE FOLLOWING: APPENDIX(WPC 6939/09) PETITIONER'S EXTS.: EXT.P1: PHOTOCOPY OF THE PETITION IN E.P.224/06 OF THE ADDLL. SUB COURT, THALASSERY. EXT.P2: PHOTOCOPY OF THE COUNTER STATEMENT FILED IN E.P.224/2006. EXT.P3: PHOTOCOPY OF THE DOCUMENT LIST SUBMITTED BY THE RESPONDENTS IN E.P.224/06. EXT.P4: PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION AS A SICK UNIT. EXT.P5: PHOTOCOPY OF THE LETTER ISSUED FROM THE GOVERNMENT. EXT.P6: PHOTOCOPY OF THE AUCTION NOTICE ISSUED FROM THE EMPLOYEES PROVIDENT FUND. EXT.P7: CERTIFIED COPY OF THE ORDER PASSED BY THE ASSISTANT SUB JUDGE, THALASSERY IN E.P.224/06. EXT.P8: JUDGMENT IN W.P.(C) 21625/08 DATED 3.9.08 OF THIS HON'BLE COURT. EXT.P9: A COPY OF THE ORDER PASSED BY THE SUB COURT, THALASSERY. RESPONDENTS EXTS.(2ND RESPONDENT): EXT.R2(a): TRUE PHOTOSTAT COPY OF JUDGMENT DATED 1.2.05 PASSED BY THIS HONOURABLE COURT. EXT.R2(b): TRUE PHOTOSTAT COPY OF THE EXECUTION FIRST APPEAL. EXT.R2(c): TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED 4.12.2008 IN W.P.(C)NO.30698 OF 2008. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6939 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd December, 2009 JUDGMENT Petitioner is the judgment debtor in E.P.No.224 of 2006 in O.S.No.263 of 1995 on the file of the Additional Sub Court, Thalassery. In execution of the decree passed in the above suit, warrant has been issued negativing the plea of no means canvassed by the judgment debtor. While admitting the writ petition on file challenging the order impugning the arrest warrant, petitioner has been directed to pay a sum of Rs.50,000/- each in two payments, i.e., a total sum of Rs.1 lakh, fixing a time limit for such payment, towards the decree debt. It is reported that only Rs.50,000/- was paid and the remaining Rs.50,000/- ordered by the court has not been paid so far. On a previous occasion also petitioner had approached this court challenging the order issued by the execution court issuing arrest warrant against him. Setting aside the order, this court directed the execution court to reconsider the matter afresh, and accordingly, after such reconsideration the present order has been passed. The execution court has found that the petitioner is possessing property having an extent of more than 4 acres and that W.P.C.No.6939/09 - 2 - he has sufficient means to pay the decree amount on the materials placed before that court. In the facts and circumstances so presented, I find no interference with P9 order passed by the court below directing issue of arrest warrant against the petitioner is called for. Writ Petition is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE