Ext.P2 undertaking affidavit stating that he is prepared to pay the amount in instalments at the rate of Rs.3,000/- per month. There is nothing mentioned in the affidavit that he has no means to pay the amount. He had only stated that he was not able to pay the amount in lump sum but he wants instalment facility. It is also seen from the petition that he was making some amount during the pendency of the proceedings. The Manager of the bank was examined as PW1 and he had adduced evidence to the effect that the respondent has means to pay the amount. It is on that basis that the prayer for arrest was made. This is challenged by the petitioner. Since the petitioner had not taken up a plea that he had no means to pay the amount and he had effected payment during the pendency of the proceedings, it cannot be said that he had no sufficient means to pay the amount. So this court do not find any reason to interfere with the order passed by the court below. However considering the fact that he is prepared to pay the amount in installments and some amount has been paid during the pendency of the proceedings, this court feels that some installment facility can be given to the petitioner for payment of the amount. But the petitioner wanted 10 months time which cannot be granted as execution petition is of the year 2014 and the suit is of the year 2012 and till the execution proceedings are initiated, the petitioner has not paid
