Dismissed

Secretary,K.S.E.B v. Annamma John

Kerala HC7 Nov 2007CRP/548/2007

Case brief

AI extract

What is this about?

This revision petition against an execution order directing issuance of fresh attachment order was set aside. The High Court remitted the matter for reconsideration by the subordinate court to fix the amount considering principles of simple interest and tax deduction at source after hearing both parties.

What did the court decide?

Order under challenge set aside; matter remitted to court below to fix the amount after hearing both sides.

Secretary,K.S.E.B Vs Annamma John — Execution and Attachment | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929

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CRP.No. 548 of 2007()

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--------------------AGAINST THE ORDER DATED 15/03/2007 IN EP 415/2004 IN LAR.39/1994 of SUB COURT, KOZHIKODE

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REVN. PETITIONER: RESPONDENT/JUDGEMENT DEBTOR:

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THE SECRETARY, K.S.E.B., VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.

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BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB

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RESPONDENT: PETITIONER/DECREE HOLDER:

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ANNAMMA JOHN, PERUMPANAMICHIL HOUSE, KODENCHERY AMSOM, CHEMBUKADAVU DESOM, KOZHIKODE.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Order on IA 1403/07 in CRP 548/07

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DISMISSED.

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SD/- M.N.KRISHNAN, JUDGE.

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7/11/2007

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M.N.Krishnan, J. ======================== C.R.P.No.548 of 2007

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========================

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Dated this the 7^th day of November, 2007. ORDER

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This revision petition is preferred against the order of the subordinate Judge, Kozhikode in E.P. No.415 of 2004 in L.A.R.No.39 of 1994. As per the said order, the court just recorded that the calculation statement is filed and directed issuance of fresh attachment order. Counsel for the revision petitioner would submit that the parties are only entitled to get simple interest and tax has to be deducted at source as per the principles enunciated in State of Kerala v. Mariyamma - 2005 (1) K.L.T. 173.

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Since the matter has not been considered in detail by the court below, the order under challenge is set aside and the matter is remitted back to the court below and the revision petitioner is directed to file a fresh statement calculating the amount and also permit the decree holder to file statement and after hearing arguments on both sides and in the light of the

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CRP 548/07 -: 2 :-

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principles laid down by different decisions fix the amount and thereafter proceed to execute the decree in accordance with law. The revision petitioner is directed to appear before the court below on 5.12.2007. The court on that day shall give notice to the decree holder and fix the date of appearance.

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Civil Revision Petition is disposed of accordingly.

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M.N.Krishnan, Judge.

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ess 7/11

Secretary,K.S.E.B v. Annamma John

Case brief

What is this about?

What did the court decide?

Secretary,K.S.E.B v. Annamma John

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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