IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 34784 of 2008(N) --------------------------------------- E.P NO.16/2000 IN OS.NO.150/1999 OF MUNSIFF-MAGISTRATE COURT, SASTHAMCOTTA .................... PETITIONER: ------------------- K.P.SREEKUMAR, S/O.PARAMESWARAN PILLAI, NOW RESIDING AT SHANTHI BHAVAN, THURUTHIKKARA MURI, KUNNATHUR VILLAGE, KOLLAM DISTRICT. BY ADVS. MR.K.JAYAKUMAR, MR.P.B.KRISHNAN. RESPONDENTS: ------------------------ THE BRANCH MANAGER, CATHOLIC SYRIAN BANK LTD., KADAMPANADU BRANCH. BY ADVS. MR.K.ANAND, SMT.LATHA KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.34784 OF 2008 -------------------------- Dated this the 16th day of July 2009 ------------------------------------- JUDGMENT The judgment in E.P No.16/2000 in O.S 150/1999 on the file of the Munsiff Court, Sasthamcotta has filed this petition seeking the following reliefs. i) Set aside Ext.P8 in exercise of the supervisory jurisdiction of this Hon'ble Court. ii) Pass an order allowing E.A No.86 of 2004 and E.A No.51 of 2008 in E.P No.16 of 2000 in O.S No.150 of 1999 on the file of the Munsiff Court, Sasthamcotta. iii) Grant the petitioner such other appropriate reliefs that this Hon'ble Court may deed fit to grant on the facts and in the circumstances of the case and W.P.(C).No.34784 OF 2008 2 iv) Award the petitioner the costs of this writ petition. 2. At the time of hearing the learned counsel for the petitioner submitted that the petitioner is prepared to pay the decree debt as a whole and thus discharge the decree, with a request for issuing a direction to the decree holder/bank to consider the application already moved by them for reduction of the interest and intimating the amount based on such reduction. The learned counsel for the decree holder/bank submitted that the circular relied by the counsel for the petitioner is not applicable to the bank and, further, the claim in execution was made on the basis of a decree passed by the court. If at all any reduction is possible, that will be looked into in the light of the representation made by the petitioner. Having regard to the submissions made, I find it may not be possible for W.P.(C).No.34784 OF 2008 3 this court to issue any direction to the bank for consideration of the representation made by the judgment debtor for reduction of the interest and to intimate him of the actual amount to be paid to clear of the decree debt. However, taking note of the submissions a grace period of two months is provided to the judgment debtor to clear of the decree debt by directing the court below to keep in abeyance further proceedings in execution of the decree. If the decree holder gives any concession after considering the representation that should be intimated to the judgment debtor within a period of forty five days from the date of this judgment. In case the bank does not consider the representation favourably, the judgment debtor is liable to pay the entire debt due under the decree. Subject to the above observations the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// vdv P.A TO JUDGE