In an execution first appeal, the High Court held that where dues under a bank decree were settled via the One Time Settlement Scheme, the attachment could be lifted. The appeal was disposed of by directing the execution court to record the settlement and lift the attachment.
Directed the execution court to record the settlement and lift the attachment.
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 &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938
Ex.FA.No. 33 of 2016 ()
AGAINST THE ORDER DTD.7.4.2016 OF THE PRINCIPAL SUB COURT, PALAKKAD IN E.A.630/2015 IN E.P.243/2010 IN O.S.299/2009
APPELLANT/(CLAIM PETITIONER IN E.A.):
VINEETHA,
AGED 40 YEARS, W/O. GOPAKUMAR, 5/47, KUTHANUR AMSOM, KUTHANUR, PALAKKAD-678 721.
BY ADVS.SRI.S.VINOD BHAT
SRI.LEGITH T.KOTTAKKAL
RESPONDENTS/RESPONDENTS IN E.A.:
MATHUR POST, ALATHUR TALUK, PIN-678 571.
AGED 47 YEARS, S/O. MOORAKKATH DAMODHARAN NAIR, MOORKKATH VEEDU, KUTHANUR, PALAKKAD-678 721.
THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.
Ex.F.A.No.33 of 2016
Dated this the 25th day of October, 2016
JUDGMENT
Chitambaresh, J.
An Execution Application to lift the attachment effected in execution of a decree for money obtained by the 1st respondent/Bank is impugned. It is reported that the dues to the Bank has since been settled under the One Time Settlement Scheme and that the decree is in effect satisfied.
The Execution First Appeal is disposed of.
Sd/-
V.CHITAMBARESH, JUDGE
Sd/-
ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
1 issue framed by the court
Whether an attachment imposed in execution of a decree is lifted upon satisfaction of the decree through a One Time Settlement Scheme.
Vineetha
The Manager, Federal Bank Ltd.
Gopakumar
Vijaya Banu
Krishnakumar
V. Chitambaresh
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
