This court dismissed a petition seeking relief regarding non-compliance with a prior order directing the petitioner to remit a specific amount in instalments, noting no record of payment.
The petition was dismissed; no relief was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935
OP(C).No. 4292 of 2013 (O)
--------------------------E.P.No.39/2008 IN O.S.No.48/2006 OF SUB COURT, SULTHANBATHERY
PETITIONER(S):
V. HARIDAS AGED 56, S/O. KRISHNAN MASTER, PREETHA SADANAM KANIAMPETTA P.O., KANIAMPETTA AMSOM, VYTHIRI TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
SELF GROWTH NIDHI LTD REPRESENTED BY ITS PRINCIPAL AND BRANCH MANAGER AMOOS BUILDING, KAPETTA P.O. WAYANAD DISTRICT - 673 121.
BY ADV. SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN SMT.VINEETHA V.KUMAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24-012014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
OP(C).No. 4292 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT-P1-TRUE COPY OF THE PLAINT IN O.S 48/2006 ON THE FILE OF THE SUB COURT, SULTHANBATHERY DATED 06/04/2006.
EXHIBIT-P2-TRUE COPY OF THE RECEIPIT ISSUED TO THE PETITIONER DATED 18/10/2011.
EXHIBIT-P3-TRUE COPY OF THE PETITIONER SERVED ON THE PETITIONER HEREIN IN E.P 39/2008 IN O.S 48/2006 DATED 03/01/2008 ON THE FILE OF THE SUB COURT, SULTHANBATHERY.
EXHIBIT-P4-TRUE COPY OF THE E.P 39/2013 DATED 26/03/2013 ON THE FILE OF THE SUB COURT, SULTHANABATHERY.
EXHIBIT-P5-TRUE COPY OF THE JUDGMENT IN O.P 3222/2013 DATED 03/10/2012.
RESPONDENT(S)' EXHIBITS :- NIL
//True Copy//
P.A. To Judge
N.K.BALAKRISHNAN, J.
O.P.(C). No.4292 of 2013
Dated this the 24th day of January 2014
J U D G M E N T
As per Ext.P5 judgment, the petitioner was directed to
remit the entire amount in ten equal monthly instalments starting from 1.11.2012. It was further directed that he shall not be arrested if he complies with the condition in time.
This OP(C) is hence, dismissed.
Sd/-
N.K.BALAKRISHNAN,
JUDGE.
Jvt
1 issue framed by the court
Whether this court ought to entertain a petition to relieve the petitioner from compliance with a prior order directing payment of a sum of money.
HARIDAS
SELF GROWTH NIDHI LTD
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
