Xavier Kutty v. Traxpo Enterprises Private Limited
Case brief
What is this about?
Petitioner challenged an arrest order impugned under Article 226 against him while proceeding execution of a money decree from Calcutta High Court. Apex Court directed execution court to frame calculation to ascertain actual balance due and keep arrest order in abeyance during ascert机. Judgment provided time limits for payment if balance found due.
What did the court decide?
Executer court directed to ascertain balance due; arrest order kept in abeyance pending enquiry.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
OP(C).No. 449 of 2016 (O) -------------------------EP 33/12 OF DISTRICT COURT, ERNAKULAM CS 176/2009 OF HON'BLE HIGH COURT, KOLKATA
PETITIONER :
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XAVIER KUTTY, PUTHETHU,MANAGING PARTNER, M/S.MEREENA TRADING & EXPORTS, 50/130 PONEKKARA, ELAMAKKARA, KOCHI 26
BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE
RESPONDENTS :
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TRAXPO ENTERPRISES PRIVATE LIMITED
Issues for consideration
3 issues framed by the court
Whether the impugned order of arrest should be kept in abeyance to allow the execution court to ascertain the actual balance amount payable under the decree.
Whether the execution court is directed to frame a calculation statement between parties to determine the discharge of the decree amount.
Whether the petitioner is granted time to pay the decretal amount after execution court ascertains the balance due.
Parties & counsel
- petitioner
Xavier Kutty
- respondent
Traxpo Enterprises Private Limited
Coram
K. Ramakrishnan
Case details
As recorded by the court registry
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