IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 38261 of 2007(E) -------------------------- AGAINST THE ORDER IN EP.151/2006 IN ARC.156/1999 of MUNSIFF COURT, KOYILANDY .................... PETITIONER: ------------ ARAMKOTTAKKAL PRABHAKARAN NAIR, AVIDANALLUR AMSOM, POONATH DESOM, KOYILANDY TALUK. BY ADV. SRI.B.KRISHNA MANI RESPONDENT: ------------- THE SECRETARY, KOTTOOR SERVICE CO-OPERATIVE BANK, P.O.KOTTOOR, KOYILANDY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 38261 OF 2007 --------------------- Dated this the 1st day of January, 2008 J U D G M E N T This writ petition is filed seeking to set aside Ext.P6 order passed by the Munsiff, Koyilandy, whereby arrest warrant is issued against the writ petitioner. Grievance of the writ petitioner is that entitlement and benefits conferred upon the writ petitioner by various circulars of the Government have not been granted to him and the court below has simply accepted the statement of the decree holder and passed the order of arrest. The amount borrowed comes to Rs.10,000/-. There are various circulars including Circular No.55/06 wherein it is specifically stated that interest to be collected shall not be more than 100% of the amount borrowed. 2. The court below is directed to consider the matter in the light of the circulars and whether there is any entitlement by virtue of further circulars issued by the Government and direct the writ petitioner to pay the amount. After fixing such amount, the writ petitioner shall be given installment facility to pay the amount in five monthly equal instalments. If there is default of any of the WPC NO 38261/07 2 instalments the court below is free to proceed further against the petitioner for recovery of the amount as requested by the decree holder. So, in order to facilitate the judgment debtor to bring the circulars and other particulars before the court below and as the installment facility is always so provided, the court below is directed not to execute the warrant of arrest till a decision is taken on these points. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 38261/07 3