IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9890 of 2008(B) ------------------------- AGAINST THE ORDER IN EP.396/2007 IN PLP.303/2006 of PRL.M.C.,ERNAKULAM .................... PETITIONER: -------------------- THOMAS JOSEPH, KOCHAKKANAD HOUSE, KOTHURUTHY, THEVARA. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT: -------------------------- THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., THEVARA BRANCH. BY SRI.P.V.SURENDRANATH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 9890 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside Ext.P4 and direct the Munsiff to take into consideration all payments made by the petitioner. The learned Munsiff had fixed the balance amount as Rs.14,486/- and since the amount has not been paid have ordered issuance o f warrant. This Rs.14,486/- is arrived at in the light of the calculation made in paragraph 2 of the decree holder's statement dated 4.12.2007. I feel there is mistake in the said calculation. The decree holder has stated that the amount awarded is Rs.55,000/- and the amount remitted is Rs.10,000/- on 31.3.08, leaving the balance of Rs.45,000/-. For the said amount the Court has to calculate the interest at the rate of 15% and there are two payments, one made on 11.7.2007 and the other on 16.11.07, i.e., Rs.15,000/- and Rs.30,000/- respectively. If there is any mistake in the said calculation W.P.C 9890 OF 2008 -:2:- the Court has also to take into consideration the same, the real entitlement of the execution charges, then arrive at a correct figure after hearing both sides and then grant two months time for making the payment. Till the amount is arrived at and the time fixed for payment is exhausted the judgment debtors shall not be arrested and send to jail. If possible, the Court may try to fix the amount at least on or before 11.4.2008. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-