IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 CRP.No. 156 of 2005() --------------------- AGAINST THE ORDER DATED 19/05/2004 IN EA.1609/03 IN EP.42/96 IN LAR.754/1988 of I ADDL. SUB COURT,ERNAKULAM .................... REVN. PETITIONER(S): JUDGMENT DEBTORS IN THE EP ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. COCHIN EXPORT PROCESSING ZONE, KAKKANAD REPRESENTED BY ITS DEVELOPMENT COMMISSIONER. (THE SECOND PETITIONER IS TRANSPOSED AS ADDL.R2 VIDE ORDER DT. 1.10.2007 IN I.A.2239/07) BY GOVERNMENT PLEADER SMT.K.T.LILLY SRI.MOHAN C.MENON (ADDL.PETITIONER) RESPONDENT(S): DECREE HOLDERS IN THE EP --------------------------------------- LEELAMMA W/O. THOMAS, PARAPPEL HOUSE, KAKKANAD, ERNAKULAM DISTRICT. ADV. SRI.K.J.KURIACHAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON 25.11.2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J. ----------------------------------------------- C.R.P. No.156 of 2005 ----------------------------------------------- Dated 25th November, 2011. O R D E R This Civil Revision Petition was originally filed by the respondents 1 and 2 in E.A.1609/03 in E.P.42/96 in L.A.R.754/88 on the file of I Additional Sub Court, Ernakulam. Subsequently, the second revision petitioner was transposed as additional second respondent in this C.R.P. The original respondent in this C.R.P. was the petitioner/decree holder in E.A.1609/03. 2. E.A.1609/03 is a petition filed by the decree holder in E.P.42/96, under Order 21 Rule 46 and 46A of Civil Procedure Code to issue an order of attachment, attaching an amount of Rs.1,25,000/- from the amount of around Rs.40,00,000/- payable by the garnishee, Kochi Refineries Limited to the first judgment debtor, State of Kerala towards sales tax and to direct the garnishee to send the amount to that court. As per order in that E.A. dated 19.5.2004, that petition was allowed and the attachment was ordered and the E.A. was closed. Against that order, this C.R.P. is filed. 3. Heard learned counsel for the revision petitioner and learned counsel for the respondents. 4. Learned counsel for the revision petitioner CRP 156/05 2 submitted that the decree holder filed E.A.1609/03 before the I Additional Sub Court, Ernakulam to realize a sum of Rs.1,25,000/- through garnishee proceedings. The learned counsel for the revision petitioner submits that regarding the calculation of principal as well as interest, the revision petitioner has substantial contentions and according to the revision petitioner, only Rs.64,826/- is due to the decree holder. Since there is dispute with regard to the amount due to the decree holder, I am of the view that in the interests of justice, that matter has to be decided by the I Additional Sub Court, Ernakulam afresh. For that purpose, the parties have to file fresh statements before that court and that court is directed to pass appropriate further orders in E.A.1609/03 and in E.P.42/96. Till such a decision is taken by that court, the order of attachment in E.A.1609/03 will remain in force. The C.R.P. is disposed of with the above directions. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.