IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 WP(C).No. 33732 of 2008(N) --------------------------------------------- OS.694/1997 of PRL.M.C., KANNUR .................... PETITIONER/JUDGMENT DEBTOR: M.M. RAMACHANDRAN, S/O.C.H.KUNHAMBU, D.S.C RECORDS, HILL ROAD, KANNUR, RESIDING AT PADMALAYAM, OROPPALLY, VENGAD.P.O, ANJARAKANDY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT: M/S. TRINITY FINANCE, SHOREEN BUILDINGS, THAVAKKARA ROAD, KANNUR - 2, REP. BY ITS MANAGING PARTNER, M. VIJAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33732 of 2008 N -------------------------- JUDGMENT The prayer advanced in this writ petition by the judgment debtor in E.P.No.402/00 in O.S.No. 694/97 on the file of the Munsiff's Court, Kannur, is to issue copy of order dated 3.11.2008 in E.P. No.402/00 on copy application No.2258/08 filed by him and the interim relief prayed for is to stay all further proceedings to execute warrant of arrest based on order dated 3.11.2008. 2. This Court, vide interim order passed on C.M.P.No.371/03 in C.R.P.No.145/03, granted stay on condition that the petitioner/judgment debtor pays Rs.3,500/- within one month from the date of the said order dated 21.1.2003 and continues to pay Rs.750/- per month on or before 5th of every month commencing from April 2003, with a further direction that the stay granted will stand vacated if the petitioner commits default in making the monthly payments, including the initial payment. WPC 33732/08 2 When the CRP came up for final hearing, it was observed by this Court in Exhibit P3 order that in view of the subsequent developments, which had arisen as a result of the interim order, no further orders are necessary in this revision and accordingly the revision petition was closed. It is, thereafter, that this writ petition is filed. 3. As per the order mentioned above, the stay granted in C.R.P.No.145/03 shall stand vacated if default is committed in making the monthly payment on the fifth of every calendar month beginning with 5th April, 2003. The statement filed by the petitioner, pursuant to the order of this Court dated 17.11.2008, shows that the order in C.R.P.No. 145/03 is not complied with and that it was violated by not making payment of instalments due on the appointed days during April 2003 and May 2003, as even the payments claimed are belated. No payment at all is made in June 2003 and the statement filed by the petitioner/judgment debtor WPC 33732/08 3 even if correct (correctness is not being probed into, as the respondent has not entered appearance), it can be seen that the petitioner has lost the benefit conferred by order in C.R.P.No. 145/03. Counsel for the petitioner submits that warrant is ordered only for the balance amount due and that he has no dispute regarding the correctness of the balance amount as determined by the court below. Hence, there is no scope for ordering stay. However, the court below is directed to issue copy of order dated 3.11.2008 in E.P.No. 402/00 in O.S.No.694/97 on copy application No. 2258/08 filed by the petitioner, if any, emergently. This writ petition is closed with the above direction. 21st November, 2008 (K.P.Balachandran, Judge) tkv