IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 7416 of 2009(O) ------------------------- AGAINST THE ORDER IN EP 409/2006 IN F.NO.293/2006 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER(S): --------------- 1. K.J.ANTONY, KOLUTHARA HOUSE, MANAPPURAM MURI, THYKKATTUSSERRY, CHERTHALA. 2. C.G.PRAKASAN, CHAMMANADU HOUSE, CHERTHALA SOUTH. 3. C.J.ANTONY, CHAMBAKKULATHU HOUSE, CMC-26, CHERTHALA SOUTH. BY ADV. SRI.SABU GEORGE RESPONDENT(S): --------------- CHERTHALA GOVERNMENT SERVICE CO-OPERATIVE BANK LTD.NO.235, CHERTHALA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.7416/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER IN EP.NO.409/06 IN FILE NO.293/06 BEFORE the ADDITIONAL MUNSIFF'S COURT, CHERTHALA. EXT.P2: TRUE COPY OF THE OBJECTION FILED BY THE 3RD PETITIONER IN EP.NO.409/06 INFILE NO.293/06 BEFORE THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA. EXT.P3: THE TRUE COPY OF THE DEPOSITION OF THE SECRETARY OF THE RESPONDENT BANK. EXT.P4: TRUE COPY OF THE DEPOSITION OF THE 1ST PETITIONER. EXT.P5: TRUE COPY OF THE PENSION PAYMENT ORDER OF THE 1ST PETITIONER. EXT.P6: TRUE COPY OF THE ORDER OF THE ADDITIONAL MUNSIFF'S COURT, CHERTHALA IN EP.NO.409/06 IN FILE NO.293/06 DATED 2.1.2009. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7416 OF 2009 ------------------------------------------- Dated this the 17th day of August, 2010 JUDGMENT The petitioners availed certain facility from the respondent, a co-operative bank. That was put in execution before the civil court. The court below took evidence and issued the impugned order for arrest and detention of the judgment debtors. The court noticed that judgment debtors 1 and 2, who have retired from K.S.R.T.C. do not have a case that they have not received retirement benefits. The court below was satisfied that that the materials on record clearly showed that the judgment debtors had the means to pay but have neglected to satisfy the decree and the impugned order was therefore issued. With the aforesaid facts, I do not find any error of jurisdiction or illegality, impropriety, injustice or any other count on which the same warrants to be interfered with in exercise of power under Article 226 of 227 of the Constitution of India. This WPC.7416/09 2 Court had issued an interim order at the stage of admission on 6.3.2009 ordering stay of further execution proceedings on condition that an amount of Rs.22,500/- is deposited. Such amount has been deposited. That takes nearly ¼ of the balance decree debt. Therefore, it is ordered that if further amounts at the rate of Rs.7,500/- is paid per month on or before the last working day of every month commencing from August, 2010, by making remittances directly to the decree holder society, the execution proceedings will be deferred and dropped on the decree being satisfied. Subject to what is stated above, this writ petition is dismissed. It is further ordered that the amounts already deposited shall be permitted to be withdrawn by the decree holder. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/08.