IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10412 of 2008(M) -------------------------- AGAINST THE ORDER DATED 28/02/2008 IN EP 78/2007 IN OS.357/2002 of SUB COURT, MAVELIKKARA .................... PETITIONER: ------------ RAMESH BABU, S/O.RAVEENDRAN NAIR, AGED 37 YEARS, RESIDING AT PANAMOOTTIL HOUSE, KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SMT.R.BEENA RESPONDENTS: ------------- 1. R.JAYAKUMAR, S/O.T.P.RADHAKRISHNAN NAIR, AGED 32 YEARS, PADMA BUILDINGS, KEESHCHERIMEL MURI CHENGANNUR VILLAGE. 2. T.P.RADHAKRISHNAN NAIR, AGED 62 YEARS PADMA BUILDINGS, KEESHCHERIMEL MURI CHENGANNUR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 10412 OF 2008 --------------------- Dated this the 27th day of March, 2008 JUDGMENT This writ petition is preferred against the order of the Subordinate Judge, Mavelikara, whereby he has ordered issuance of arrest warrant against the judgment debtor. 2. The grievance of the writ petitioner is that he has moved an application before the Subordinate Judge, Mavelikara, as insolvency petition 1/08, which is the very same court, and it is pending consideration there. Learned counsel has drawn my attention to Section 55 (3) and 55(4) of the CPC which says that when a judgment debtor is arrested in execution of a decree the court shall inform him that he may apply to be declared as insolvent and further that when he furnishes security the matter may be deferred to enable him to file an insolvency petition. Now here a situation has arisen where he has already moved an application for declaring him as insolvent and it has not been considered by the court below. 3. Therefore I set aside the order of the court below and direct the court to consider the impact of the insolvency petition filed. Therefore the order of arrest passed by the court below is set aside and the court is directed to consider them afresh after hearing both sides. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps