IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35852 of 2008(R) -------------------------- OS.67/2004 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER ----------------------------------- B.SUKESH, S/O.P.BALAKRISHNAN NAIR, T.C. 4/1950, PUNDIT COLONY, KOWDIAR P.O., THIRUVANANTHAPURAM, WORKING AS STATISTICAL INVESTIGATOR, GRADE III, DIRECTORATE OF CENSUS OPERATIONS, CGO COMPLEX, POONKULAM, VELLAYANI PO THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT: ---------------------------- STATE BANK OF TRAVANCORE, REPRESENTED BY MANAGER P.SWARNAKUMAR, PUTHENCHANTHA BRANCH, THIRUVANANTHAPURAM. BY ADV SHRI. SASTISH NINAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 35852 OF 2008-R ------------------------------- Dated this the 4th December, 2008. JUDGMENT Adv. Sathish Ninan has entered appearance for the respondent/decree holder. 2. This writ petition is filed by the first judgment debtor in O.S.67/2004 on the file of the Sub Court, Thiruvananthapuram. The prayer in this writ petition is for a direction being given to the court below to record payment of Rs.1 lakhs made under Ext.P4 memo on 21.11.2008 and to recall the warrant of arrest as also the order directing the employer of the petitioner/1st judgment debtor to relieve him and to direct the respondent/bank to file a statement reckoning the payment to be made towards the debt according to the offer in Ext.P3 notice. 3. Ext.P3 notice is a letter from the respondent/bank calling upon the petitioner/judgment debtor to appear for an Adalat in the One Time Settlement on 28.8.2008. Counsel for the petitioner submits that the petitioner/first judgment debtor has not appeared pursuant to Ext.P3. Therefore no direction to the bank to settle the WPC 35852/2008 2 matter as per Ext.P3 can be issued. 4. The payment made under Ext.P3 memo and made mention of in the affidavit accompanying Ext.P11 petition (E.A.800/2008) stands admitted in Ext.P10 objection filed by the decree holder on 24.11.2008. Hence the court below shall record satisfaction of the decree to the extent of Rs.1 lakh (Rupees one lakh only) as on 21.11.2008. The decree holder may file a statement of the balance amount due under the decree after giving credit to the payment of Rs.1 lakh on 21.11.2008 and thereupon the petitioner may move application before the execution court to discharge the balance debt in reasonable monthly instalments and the court shall thereupon pass appropriate orders thereon especially when the petitioner/judgment debtor has made a substantial payment of Rs. 1 lakh towards the decree for recovery of an amount of less than Rs. 2 lakhs inclusive of also the interest, cost etc. In the meanwhile the court below shall recall forthwith the warrant and also the direction issued to relieve the first judgment debtor from service. 5. Petitioner is directed to produce a copy of this judgment in the court below to enable the court below to comply with the WPC 35852/2008 3 directions aforesaid. Issue copy of this judgment urgently to the counsel for the petitioner. This writ petition is disposed of with the above directions. K.P.BALACHANDRAN JUDGE jj