Disposed

P.R.Anto v. Thrissur Financial Services P. Ltd.

Kerala HC18 Jul 2008WP(C)/6175/2007

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging an order attaching the petitioners' salaries. The court directed the petitioners to clear the balance debt in two monthly installments instead of a lump sum.

What did the court decide?

Petitioners directed to pay balance decree debt in two equal monthly instalments; failure to do so permits resumption of attachment proceedings.

P.R.Anto Vs Thrissur Financial Services 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 M.SASIDHARAN NAMBIAR

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FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930

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WP(C).No. 6175 of 2007(I)

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----------------------------------AGAINST THE ORDER DATED 30/01/2007 IN EP 432/06 IN OS.1960/2003 of PRL.MUNSIFF COURT,THRISSUR

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PETITIONERS :

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P.R.ANTO, S/O.LATE P.K.RAPPAI, PERUMBULLIKKARAN (H), KIZHAKKUMBATTUKARA, THRISSUR.

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B.A.PAUL, S/O.B.M.ANTONY, BRAHMAKULAM THETTATH, EAST FORT, THRISSUR.

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BY ADV. SRI.K.A.SREEJITH

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RESPONDENT :

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THRISSUR FINANCIAL SERVICES (PVT) LTD., THRISSUR.

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BY ADV. SRI.SOJAN MICHEAL

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SMT.JENCY MICHEAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6175 of 2007(I)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXT.P1:-	TRUE COPY OF E.P.432/06 IN O.S.1960/03 FILED BY THE RESPONDENT BEFORE THE PRINCIPAL MUNSIFF'S COURT, THRISSUR
EXT.P2:-	TRUE COPY OF E.A.1186/06 IN E.P.432/06 IN O.S.1960/03
EXT.P3:-	TRUE COPY OF COUNTER TO E.A.1186/06 FILED BY PETITONERS IN E.P.432/06 IN O.S.1960/03
EXT.P4:-	TRUE COPY OF COUNTER TO THE E.P.432/06 IN O.S.1960/03
EXT.P5:-	TRUE COPY OF ORDER OF THE PRINCIPAL MUNSIFF'S COURT, THRISSUR DATED 30.01.2007 IN E.P.432/06 IN O.S.1960/03

-TRUE COPY-

P.A. TO JUDGE

pac

M. SASIDHARAN NAMBIAR, J.

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W.P(C). NO.6175 OF 2007

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Dated this the 18^th day of July, 2008

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JUDGMENT

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This petition is filed under Article 227 of Constitution of India challenging Ext.P5 order passed by Munsiff Court, Thrissur in E.P. 432 of 2006 in O.S. 1960 of 2003. Under Ext.P5 order Learned Munsiff attached the salary of the petitioners at the rate of Rs.8200/- and Rs.9000/- per month respectively. In the writ petition, petitioners have no case that they have no attachable salary or that salary attached is not within the attachable limit. On the other hand, petition is filed only seeking time to pay the decree debt. Ext.P5 order itself was passed on 30.1.2007. When petition was admitted and an order of stay was granted petitioners were directed to deposit Rs.20,000/-.

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Learned counsel appearing for first respondent submitted that the balance now due is below Rs.25,000/-. In such circumstances petitioners are directed to pay the balance decree debt in two equal monthly instalments failing which the executing Court to proceed with the execution. Respondent

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WPC6175/07

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decree holder is entitled to withdraw the amount in Court deposit and to be deposited.

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Writ petition is disposed of as above.

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M. SASIDHARAN NAMBIAR, JUDGE

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Okb/-

P.R.Anto v. Thrissur Financial Services P. Ltd.

Case brief

What is this about?

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P.R.Anto v. Thrissur Financial Services P. Ltd.

Case brief

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