Allowed

Abraham K.J v. Federal Bank Ltd.

Kerala HC28 Jun 2011OP(C)/1285/2011

Case brief

AI extract

What is this about?

Single judge allowed petitioner's original petition seeking stay of sale of property in execution proceedings. Court permitted six-month instalment plan for balance decree debt, keeping execution abeyance, with default triggering resumption of sale.

What did the court decide?

Stayed execution proceedings till January 15, 2012; allowed six monthly instalments for balance decree debt; default triggers resumption of sale.

Abraham K.J Vs Federal Bank Ltd. — Execution and Attachment | Kerala HC (2011)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.T.SANKARAN

¶4

TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933

¶5

------------------------OS.94/2006 of SUB COURT,KATTAPPANA

¶6

PETITIONER/JUDGMENT DEBTOR

¶7

¶8

ABRAHAM K.J., S/O. JOHN, KOLLAKAMBIL HOUSE, SANTHIGRAM P.O., KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK.

¶9

BY ADV. SRI.LIJI.J.VADAKEDOM

¶10

RESPONDENT(S): DECREE HOLDER ----------------------------

¶11

FEDERAL BANK LTD., ERATTAYAR BRANCH, ERATTAYAR P.O., IDUKKI, PIN-685 514.

¶12

ADV. SRI.MOHAN JACOB GEORGE FOR R1 SMT.P.V.PARVATHI FOR R1 SMT.REENA THOMAS FOR R1 SRI.L.RAM MOHAN FOR R1

¶13

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

OP(C).No. 1285 of 2011(O)

¶15

PETITIONER'S EXTS:

¶16

EXT.P1: COPY OF EP 14/08

¶17

EXT.P2: COPY OF STATEMENT OF ACCOUNTS DTD.9.3.2011 BY RESPONDENTS

¶18

EXT.P3: COPY OF POSSESSION NOTICE DTD.27.10.2010 U/S.13(4) OF SARFAESI ACT.

¶19

EXT.P4: COPY OF ORDER DTD.4/11/2010 IN SA 679/2010 (IA 2943/2010) BEFORE DRT, EKM. EXT.P5: COPY OF RECEIPT DTD.4.11.2010 SHOWING THE PAYMENT OF RS.50,000/-

¶20

EXT.P6: COPY OF OBJECTION FILED BY JD IN P1 E.P.

¶21

EXT.P7: COPY OF COMMISSION REPORT FILED IN THE EP PROCEEDINGS.

¶22

EXT.P8: COPY OF ORDER DTD.9/3/2011 IN EP 14/011 IN OS 94/06 BEFORE THE SUB COURT, KATTAPPANA.

¶23

ANN:1 COPY OF RECEIPT ISSUED BY FROM THE ERATTAYAR BRANCH OF THE RESPONDENT/BANK SHOWING THE REMITTANCE OF RS.50,000/-

¶24

RESPONDENTS EXTS: NIL

¶25

/TRUE COPY/

¶26

P.A.TO JUDGE

¶27

K.T.SANKARAN, J .

¶28

--------------------------------O.P(C)No.1285 OF 2011 ----------------------------------

¶29

Dated this the 28^th day of June, 2011

¶30

JUDGMENT

¶31

The judgment debtor in E.P.No.14 of 2008 in O.S.No.94 of 2006 on the file of the Sub Court, Kattappana, challenges the order dated 9^th March, 2011, by which the Executing Court ordered sale of a portion of the property sought to be sold.

¶32

When the Original Petition came up for admission, it was submitted that the petitioner is prepared to pay the decree amount in instalments.

¶33

The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to pay the decree debt in 12 monthly instalments. The learned counsel for the respondent agreed to provide only a facility for payment in four instalments.

¶34

Taking into account the facts and circumstances of the case, I

¶35

¶36

think the petitioner can be granted six instalments to pay off the balance decree debt. The first instalment shall be paid on or before 10^th August, 2011 and the balance instalments shall be paid or or before 10^th of the succeeding months. If 10^th of a particular month happens to be a holiday, the petitioner shall pay the instalment on the next working day.

¶37

If the petitioner commits default in payment of any of the instalments, the order passed by the court below for sale of the property shall be effective and the Execution Proceedings will continue.

¶38

The Execution Proceedings shall be kept in abeyance till 15^th January, 2012 to facilitate payment as mentioned above. However, if default is committed by the petitioner in payment of any of the instalments, the entire balance decree debt would become payable and the Executing Court can proceed with the execution.

¶39

The Original Petition is disposed of as above.

¶40

K.T.SANKARAN, JUDGE .

¶41

cms

Abraham K.J v. Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

Abraham K.J v. Federal Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.K.Ibrahimkutty Vs State & Another

Hamza Vs Yuseph

Kunnappada Govindan Vs Puthiyapurayil Kunhiraman

Gireesh @ Rajeevan Vs State of Kerala

C.v.John Vs C.v.Paul

Rajagopala Rao Vs G.K.Vasudeva Rao