IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 30698 of 2008(D) --------------------------------------------- EP.180/2006 of ADL.SUB COURT, THALASSERY .................... PETITIONER: MS/HINDUSTAN ENGINEERING PRODUCTS MACHINERY MANUFACTURERS, PARTNERSHIP FIRM, THANKAIKUNNU, THAZHE CHOVVA, KANNUR, REP. BY ITS PARTNERS, 1. P.N.DEVARAJAN, S/O.P.V.NARAYANAN 2.P.V.NARAYANAN. BY ADV. SRI.K.RAJESH SUKUMARAN RESPONDENTS: 1. K.P.PAUL, S/O.PORINCHU, MANAGING PARTNER OF M/S.POPULAR AUTO MOBILES OLLUKKARA VILLAGE, TRICHUR TALUK, REP.BY P/AT. HOLDER, FRANCIS PAUL, S/O.K.P.PAUL, BANERJI ROAD, ERNAKULAM. 2. FRANCIS PAUL, S/O.K.P.PAUL, PARTNER OF M/S.POPULAR AUTO MOBILES BANERJIEE ROAD, OLLUKKARA, ERNAKULAM. 3. JOHN PAUL, S/O.K.P.PAUL, REP. BY P/A. HOLDER, FRANCIS PAUL, S/O.K.P.PAUL, BANERJI ROAD, ERNAKULAM. 4. SAJU THOMAS, S/O.K.T.THOMAS, DO. DO. ADV. SRI.VARGHESE C.KURIAKOSE FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.30698 of 2008 D -------------------------- JUDGMENT Rs.1,00,000/- (Rupees One lakh only) is paid by the petitioner/judgment debtor towards the decree debt in compliance with the order of this Court dated 21.10.2008. Counsel for the respondents/ decree holders submits that he has no objection in the petitioner/judgment debtor being allowed to discharge the balance debt in monthly instalments of not less than Rs.20,000/- per month. In the result, I dispose of this writ petition allowing the petitioner/judgment debtor to discharge the balance debt by making payments in monthly instalments of Rs.25,000/- per month beginning with 5th day of January, 2009. In case of the petitioner/judgment debtor committing default in making payments of any two consecutive monthly instalments, they shall forfeit the benefit of discharging the balance debt in instalments and the respondents/decree holders shall be entitled to WPC 30698/08 2 proceed to recover the balance amount by personal execution as has been allowed at present. 4th December, 2008 (K.P.Balachandran, Judge) tkv