Allowed

Krishnakumar v. Sukanya Kuries and Loans (P) Ltd.

Kerala HC10 Dec 2008WP(C)/23545/2008

Case brief

AI extract

What is this about?

Single judge allowed a writ petition to grant the second judgment debtor leave to discharge his debt via monthly instalments of Rs. 3,500/month. Default in two consecutive payments results in forfeiture of the instalment benefit and resumption of personal execution.

What did the court decide?

Petitioner allowed to discharge debt via monthly instalments of Rs. 3,500/- payable on or before the 10th of every month.

Krishnakumar Vs Sukanya Kuries and Loans (P) Ltd. — Execution and Attachment | Kerala HC (2008)

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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 K.P.BALACHANDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930

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WP(C).No. 23545 of 2008(C) --------------------------------------------EP.275/07 IN OS.2484/2003 of II ADDL.M.C., THRISSUR ....................

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PETITIONER:

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KRISHNAKUMAR, AGED 48, S/O.SEKHARAN NAMBIDI, NARAYANALAYAM, KYPILLY DESOM, VELUTHUR VILLAGE THRISSUR TALUK.

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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RESPONDENT:

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M/S. SUKANYA KURIES AND LOANS (P) LTD., THRISSUR, REP. BY ITS MANAGING DIRECTOR, THRISSUR VILLAGE DESOM, THRISSUR TALUK.

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ADV. SRI.P.V.CHANDRA MOHAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.P. Balachandran, J.

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W.P.(C)No.23545 of 2008 C

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JUDGMENT

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Petitioner is the second judgment debtor in O.S.No.2484/03 on the file of the Munsiff's Court, Thrissur. He assails in this writ petition Exhibit P5 order allowing personal execution against him finding that he is a person having ability and means to discharge the debt in the said suit covered by E.P.No.275/07.

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When the matter came up for hearing, counsel on both sides agree that the writ petition can be disposed of granting the petitioner leave to

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discharge the debt by payment in monthly instalments of Rs.3,500/-.

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In the result, I allow the petitioner/second

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judgment debtor to discharge the debt involved in E.P.No.275/07 in O.S.No.2484/03 on the file of the

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Munsiff's Court, Thrissur by making payments at the rate of Rs.3,500/- per month beginning with 10^th day of January, 2009. The monthly instalments shall be

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WPC 23545/08 2

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paid on or before the 10^th day of every calendar month and the matter reported to the execution court. In the event of the petitioner committing default in payment of any two consecutive monthly instalments, the benefit of discharge of debt in monthly instalments shall stand forfeited and the decree holder shall be entitled to move for recovery of the balance debt in lump by personal execution as against the petitioner, as I have not interfered with Exhibit P5 order assailed in this writ petition.

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The writ petition is disposed of as above.

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10^th December, 2008 (K.P.Balachandran, Judge) tkv

Krishnakumar v. Sukanya Kuries and Loans (P) Ltd.

Case brief

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Krishnakumar v. Sukanya Kuries and Loans (P) Ltd.

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