The High Court allowed the petitioner to repay an arbitral award amount via 8 monthly instalments from 31.3.2015. Coercive execution measures were stayed pending compliance.
Permitted payment in 8 equal monthly instalments from 31.3.2015; execution stayed conditionally.
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 V.CHITAMBARESH
TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936
WP(C).No. 3331 of 2015 (N)
PETITIONER(S)/PETITIONER:
E.P.AMBADIKUNHI, AGED 55 YEARS, S/O.JANAKI, VELLAD, P O KLAYIKKODE HOSDURG TALUK, KASARAGOD
BY ADV. SRI.A.ARUNKUMAR
RESPONDENT(S)/RESPONDENTS:
R3 BY ADV. SRI.M.V.AMARESAN
R3 BY ADV. SRI.V.N.RAMESAN NAMBISAN
R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2015, ALONG WITH WPC NOS.3351 & 3364/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3331 of 2015 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
P1:-AWARD PASSED BY THE 2ND RESPONDENT
P2:-DEMAND NOTICE DTD 15/1/2015
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.S TO JUDGE.
V.CHITAMBARESH, J.
--------------------W.P (C) Nos.3331, 3351 & 3364 of 2015 --------------------Dated this the 10th day of March, 2015
J U D G M E N T
The petitioner confines his relief to easy instalments to pay the amount due to the third respondent Bank.
The Writ Petitions are disposed of.
Sd/V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the petitioner should be allowed to pay the awarded amount in instalments instead of a lump sum.
Whether coercive execution steps should be stayed if the petitioner complies with the instalment schedule.
E.P. AMBADIKUNHI
THE INSPECTOR A & E-II
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) HOSDURG
THE KLAYIKKODE SERVICE CO-OPERATIVE BANK LTD.
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
