IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 OP(C).No. 618 of 2011(O) ------------------------ AGAINST THE ORDER DATED 10/01/2011 IN EA.20/11IN EP.152/2009 IN ARC.290/2006 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER/APPLICANT:JUDGMENT DEBTOR: ----------------------------------------------------------------------- KUTTAN, S/O.KRISHNAN, PROPRIETOR, SREEKRISHNA MODERN RICE MILL, THEKKETHARA AMSOM & DESOM, MELARCODE, ALATHUR TALUK, PALAKKAD DIST. BY ADVS. SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P. RESPONDENT(S): RESPONDENT:DECREE HOLDER: ----------------------------------------------------------------------------- VALLANGHY-VITHINASSERY SERVICE CO-OPERATIVE BANK LTD., VITHINASSERRY, VALLENGHY, MENMARA, CHITTUR TALUK, REP.BY ITS SECRETARY, VASU, S/O.MURKANDI EZHUTHACHAN, CHUNDIYAMKULAM VEEDU,VITHINASSERRY, VALLANGHY, CHITTUR TALUK, PALAKKAD - 678 508. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.618/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION IN EP.NO.152/09 IN ARC 290/2006 ON THE FILE OF SUBORDINATE JUDGE'S COURT, PALAKKAD. P2: COPY OF THE OBJECTION FILED IN E.P.NO.152/09 IN ARC NO.290/2006 ON THE FILE OF SUBORDINATE JUDGE'S COURT, PALAKKAD. P3: COPY OF THE RECEIPT DTD. 25/03/10 FOR AN AMOUNT OF RS.2,00,000/- ISSUED BY THE RESPONDENT. P4: COPY OF THE RECEIPT DTD. 14/08/10 FOR AN AMOUNT OF RS.1,50,000/- ISSUED BY THE RESPONDENT. P5: COPY OF THE RECEIPT DTD. 27/08/10 FOR AN AMOUNT OF RS.1,00,000/- ISSUED BY THE RESPONDENT. P6: COPY OF THE RECEIPT DTD. 27/12/10 FOR AN AMOUNT OF RS,3,00,000/- ISSUED BY THE COUNSEL FOR THE RESPONDENT. P7: COPY OF THE PETITION, VIZ. E.A.NO.20/11 IN E.P.NO.152/2009 IN ARC NO.290/2006 ON THE FILE OF SUBORDINATE JUDGES COURT, PALAKKAD. P8: COPY OF THE LETTER DTD. 07/01/11 SUBMITTED BY THE PETITIONER. P9: COPY OF THE ORDER DTD. 10/01/11 PASSED IN E.A.NO.20/11 IN E.P.NO.152/2009 IN ARC NO.290/2006 ON THE FILE OF SUBORDINATE JUDGE'S COURT, PALAKKAD. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.618 of 2011 ==================================== Dated this the 02nd day of August, 2011 J U D G M E N T Petitioner is the judgment debtor in E.P. No.152 of 2009 of the court of learned Sub Judge, Palakkad where the award in ARC No.290 of 2006 is being executed. The amount claimed by the respondent is Rupees Twenty five lakhs and odd. On a finding that petitioner, in spite of having sufficient means refused to pay the amount, warrant of arrest was issued to him. Petitioner filed E.A. No.20 of 2011 to recall the warrant. A sum of Rupees Three lakhs was paid on 27.12.2010. Executing Court, however declined to recall the warrant and dismissed E.A.No.20 of 2011 as per Ext.P9, order dated January 10, 2011. That order is under challenge. 2. Petitioner submitted that even before filing of the execution petition he has paid Rs.7,50,000/- (Seven lakhs and fifty thousand only) to the respondent and as per order of this Court a further sum of Rs.3,50,000/- (Rupees Three lakhs has also been paid leaving the balance payable to the respondent as Rupees Fifteen lakhs. Learned counsel submitted that petitioner may be permitted to pay the balance amount due in 10 (ten) equal O.P(C) No.618 of 2011 -: 2 :- monthly installments. 3. Learned counsel for respondent while responding to the request made by petitioner argued that if this Court is inclined to give time petitioner may be directed to discharge the entire liability including interest in six installments. It is submitted that respondent is a Society of Farmers and it has to pay the amount to the farmers for purchasing paddy from them. Having regard to the difficulties of petitioner stated by learned counsel and considering the fact that some amount amount has already been paid, I am inclined to permit petitioner pay the entire balance amount due in 10 (ten) equal monthly installments but subject to conditions. Resultantly, Original Petition is disposed of in the following lines: (a) Petitioner is permitted to pay the entire balance amount due (with interest and costs if any) in 10 (ten) equal monthly installments beginning from 01.09.2011 provided by the last installment entire amount due is paid. (b) The amount shall be paid to the respondent under proper receipt to be produced in court and recorded as provided under law or deposited in the executing court for payment to O.P(C) No.618 of 2011 -: 3 :- the respondent on or before the 5th of every calender month. In case the 5th of a month happens to be a holiday, payment/deposit shall be made on the next working day. (c) It is directed that in case there is default in payment of any two installments it will be open to the executing court to proceed with execution pursuant to the finding regarding means without any further enquiry regarding means. (d) As and when amount is deposited in the executing court, respondent can withdraw the same. (e) Warrant of arrest issued to the petitioner will stand in abeyance for a period of 10 (ten) months from 01.09.2011 or till default as stated in clause (c) is committed, whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv