IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 OP(C).No. 400 of 2011(O) E.A.NO.81/2011 IN E.P.NO.26/2011 IN OS.484/2006 OF I ADDL.SUB COURT,ERNAKULAM PETITIONER -------------------- SYNDICATE BANK,BANERJI ROAD BRANCH, ERNAKULAM, REPRESENTED BY ITS SENIOR BRANCH MANAGER. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SMT.A.V.PRIYA SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) RESPONDENTS: --------------- 1. G.MOHAN,S/O.LATE R.GOPAL,AGED 55 YEARS, RESIDING AT PLOT NO.38,LAKSHMI COLONY RSW NO 162/3 NILGIRI THERUKU THOTTAM VILLAGE,TANJORE AND PRESENTLY EMPLOYED AS MANAGER, THE ORIENTAL INSURANCE COMPANY LTD, BRANCH OFFICE,1858 SOUTH MAIN ROAD,TANJORE-613009. 2. P.P.PRAKASAN,S/O.LATE P.K.KUNHI RAMAN, AGED 52 YEARS,RESIDING AT 7 C,MALABAR HEIGHTS, TAPAL<KANNUR-2,PRESENTLY EMPLOYED IN THE DIVISIONAL OFFICE,ORIENTAL INSURANCE CO.LTD, UNITY COMPLEX,S N PAR ROAD,KANNUR-1. 3. THE REGIONAL MANAGER,REGIONAL OFFICE, ORIENTAL INSURANCE COMPANY LTD,MAY FLOWER BUILDING 2ND FLOOR,DR.BALASUNDARAM ROAD,ATT COLONY, COIMBATORE-641018. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 400 OF 2011 O ------------------------------------------------------ Dated this the 28th day of January, 2011 JUDGMENT The petitioner is the decree holder in O.S.No.484 of 2006 on the file of the Sub Court, Ernakulam. Respondents 1 and 2 are the judgment debtors. The decree was passed on 29.1.2009. Execution Petition was filed in January, 2011 praying for realization of the amount by arrest and detention of the judgment debtors in civil prison. There is also a prayer for realization of the amount by attachment and sale of the properties of the judgment debtors. 2. It is stated that the decree holder filed an application before the executing court as E.A.No.81 of 2011, seeking for a direction restraining the third respondent, namely, The Regional Manager, Oriental Insurance Company Limited, from disbursing the terminal benefits to the first respondent for a sum of ` 95,000/- due to the decree holder. It is stated that the first respondent will retire from service of the third respondent on 31.1.2011. It is further stated in paragraph 2 of the Original Petition that the executing court passed the following order in E.A.No.81 of 2011. O.P.(C) NO.400 OF 2011 O :: 2 :: “Issue urgent notice to the respondents and to the Regional Manager, Regional Office, Oriental Insurance Company Ltd., Coimbatore by speed post. Post on 29.1.2011.” 3. This Original Petition is filed on 28.1.2011 making the following prayers: “(i) Pass an order directing the 1st Additional Subordinate Judge's Court, Ernakulam to issue a certified copy of the order dated 18.01.2011 in E.A.81/2011 in E.P.26/2011 in O.S.484/2006 on the file of 1st Additional Subordinate Judges Court, Ernakulam. (ii) Pass an order directing the 3rd respondent not to disburse the terminal benefits due to the 1st respondent to the tune of ` 95,000/- till the E.A.81/2011 in E.P.26/2011 in O.S.484/2006 on the file 1st Additional Sub-Ordinate Judges Court, Ernakulam is heard and disposed off by the executing court viz. the 1st Additional Sub-Ordinate Judges Court, Ernakulam. (iii) Grant such other reliefs as are deemed fit and proper in the circumstances of the case.” O.P.(C) NO.400 OF 2011 O :: 3 :: 4. So far as prayer (i) is concerned, a certified copy of the order dated 18.1.2011 will be issued by the executing court to the petitioner at the earliest, provided the petitioner has made an application for certified copy. Relief (ii) cannot be granted at this stage, since the court below had issued only notice to the third respondent. The Execution Application is posted to 29.1.2011. In these circumstances, relief (ii) cannot be granted. The Original Petition is disposed of directing the executing court to issue certified copy of the order dated 18.1.2011 in E.A.No.81 of 2011, as early as possible, to the petitioner on the basis of the copy application, if any, filed by the petitioner. The other reliefs are declined. (K.T.SANKARAN) Judge ahz/