Disposed

Shajesh Kumar v. the Dhanalaxmi Bank Ltd.

Kerala HC6 Dec 2012CRP/542/2012

Case brief

AI extract

What is this about?

The High Court upheld the lower court's order arresting the first judgment debtor but permitted him to repay the decree debt in monthly installments. If conditions are met, arrest does not take effect; otherwise, the bank can proceed with personal execution. The order is disposed of.

What did the court decide?

Permission to repay decree debt in ten equal monthly installments starting 1-2-2013; arrest deferred if conditions are complied with; otherwise, personal execution allowed.

Shajesh Kumar Vs the Dhanalaxmi Bank Ltd. — Execution and Attachment | Kerala HC (2012)

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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 V.CHITAMBARESH

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THURSDAY, THE 6TH DAY OF DECEMBER 2012/15TH AGRAHAYANA 1934

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CRP.No. 542 of 2012 ()

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EP.NO.687/2010 IN OS.511/2009 OF I ADDL.SUB COURT, ERNAKULAM

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REVISION PETITIONER/IST JUDGMENT DEBTOR :

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SHAJESH KUMAR,

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SHAJESH VIHAR, MAMANGALAM, KOCHI-25.

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BY ADVS.SRI.DINESH R.SHENOY

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SRI.R.V.RAHUL

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RESPONDNET/DECREE HOLDER :

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THE DHANALAXMI BANK LTD., PALARIVATTOM BRANCH, REP. BY ITS BRANCH MANAGER PALARIVATTOM, COCHIN-682 025.

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BY ADVS. SRI.JACOB VARGHESE

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SRI.VIVEK VARGHESE P.J.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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C.R.P No. 542 of 2012

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= = = = = = = = = = = == = = = = Dated this the 6^th day of December, 2012

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O R D E R

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The court below has by the order impugned upheld a plea of no means raised by the second judgment debtor and repelled similar claim put forth by the first judgment debtor. It was found that the first judgment debtor is working as a sales executive and is also leading a luxurious life. The first judgment debtor has not chosen to mount the box and lead evidence to contradict the testimony of the decree holder bank. The loan itself was availed to purchase a goods autorickshaw vehicle which is also used to generate income. The finding of the court below that the first judgment debtor is possessed of sufficient means to pay the decree debt is rested on evidence. Therefore the order of arrest and detention of the first judgment debtor passed by the court below cannot be faulted with.

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I however permit the first judgment debtor to repay the decree debt in ten equal monthly instalments starting from 1-2-2013. The first judgment debtor shall not be arrested and

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C.R.P No. 542 of 2012

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detained in civil prison if he complies with the condition in time. The first judgment debtor will lose the benefit of the instalment facility if anyone condition is violated. The decree holder bank is then entitled to surge ahead with the personal execution of the first judgment debtor.

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It is also open to the judgment debtors to move the court below for permission to sell the goods autorickshaw vehicle hypothicated to the bank. Such sale can be effected with the junction of the decree holder and the proceeds credited to the loan account. The motion, if any, made by the judgment debtors shall be considered by the court below within two weeks therefrom. The preferment of any application for this purpose will not affect the instalments already fixed in the earlier part of this order.

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The Civil Revision Petition is disposed of.

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V.CHITAMBARESH. JUDGE

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smm

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C.R.P No. 542 of 2012 3

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C.R.P No. 542 of 2012 4

Shajesh Kumar v. the Dhanalaxmi Bank Ltd.

Case brief

What is this about?

What did the court decide?

Shajesh Kumar v. the Dhanalaxmi Bank Ltd.

Case brief

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