IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7530 of 2008(U) ------------------------- I.A.No.7481/07 IN OS.398/2006 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: ------------ KOTTAYAM GOLDEN MARINE (P) LTD., MADUKKANNIL PCT CHAMBERS, KANJIKUZHI JUNCTION, THAZHATHANGADI P.O., KOTTAYAM-686 004, REP. BY ITS MANAGING DIRECTOR CAPT.JAMES JOSEPH. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SMT.TULASI PANICKER RESPONDENT: --------------- M/S.KERALA HARDWARES, `PRABHATH', JEWS STREET, FLOWER JUNCTION, ERNAKULAM, KOCHI-682 035, REPRESENTED BY ITS MANAGING PARTNER SRI.V.UMESH KAMATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No.7530 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is preferred against the order of the 2nd Additional Sub Court, Ernakulam in I.A.No.7481/07 in O.S.No.398/06. It is an application to set aside the ex parte decree and the Court below granted the prayer on condition that he shall pay a cost of Rs.2,000/= to the plaintiff and further he shall deposit one-half of the suit amount before the Court on or before 22.1.2008. I am informed that an application has been filed for extension of time and it is pending consideration. A perusal of the affidavit for setting aside the ex parte decree would reveal that the defendant is a Master Mariner and he came to India in the last week of September, 2007 and he had lot of problems and there was some non-bailable warrants, etc. against him. Now the Court had awardeds cost for setting aside the ex parte decree. There cannot be any doubt that the Court can impose some reasonable restrictions as well. But directing the W.P.(C)No.7530/08 2 defendant to deposit half of the amount appears to be not proper, for the reason the matter has to be contested to arrive at a decision regarding the entitlement of the plaintiff to get the amount. But the matter can be resolved by directing the writ petitioner herein to furnish security for 1/3rd of the amount claimed in the plaint after hearing the other side. When sufficient security is furnished for 1/3rd of the amount and when the cost is paid, the Court shall set aside the ex parte decree and permit the defendant to proceed with the case. To enable him to furnish security I grant him one months' time. Till that time, the Court shall not proceed with the matter further or dismiss the application for non-compliance of the conditions imposed by it. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn