The High Court of Kerala allowed the petitioner to pay off the balance outstanding Execution Petition amount in 12 equal monthly installments, staying the execution proceedings. Default would lead to automatic recall of the stay.
Petitioner directed to pay outstanding amount in 12 equal monthly installments; execution proceedings stayed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
OP(C).No. 2959 of 2016
(AGAINST ORDER DATED 3.10.2016 IN EA NO.553/2016 IN EP 595/2016 (ARC 414/2015) OF THE COURT OF ADDL.DISTRICT JUDGE-VI, THIRUVANANTHAPURAM)
PETITIONER(S)/RESPONDENT
SUNIL LAL B.V SREEMANGALAM, KOLLAYI, DHANUVACHAPURAM, THIRUVANANTHAPURAM
BY ADV.SRI.R.GOPAN
RESPONDENT(S):/PETITIONER
KOTAK MAHINDRA PVT. LTD (A COMPANY INCORPORATED UNDER THE PROVISION OF INDIAN COMPANIES ACT 1956) HAVING ITS OFFICE AT 27-BKC, C27, G BLOCK, BANDRA, KURIA COMPLEX, BANDRA EAST, MUMBAI, MAHARASHTRA, HAVING BRANCH OFFICER AT GROUND FLOOR SI WHITE HEAVEN, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED THROUGH ITS MANAGER.
R1 BY ADV. SRI.NAGARAJ NARAYANAN R1 BY ADV. SRI.SAIJO HASSAN R1 BY ADV. SRI.BENOJ C AUGUSTIN R1 BY ADV. SMT.P.PARVATHY R1 BY ADV. SRI.VISHNU BHUVANENDRAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 2959 of 2016 (O)
PETITIONER(S)' EXHIBITS
| EXHIBIT P1: |
PHOTOSTAT COPY OF REGISTRATION DETAILS OF VEHICLE NO.KL 19-E-55 ISSUED BY THE REGISTERING AUTHORITY |
|---|---|
| EXHIBIT P2: |
PHOTOSTAT (OP ARBITRATION) NO.250/2015 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM |
| EXHIBIT P3: |
PHOTOCOPY OF THE ORDER DATED 02.11.2016 AND OP (ARBITRATION) NO.250/2015 OF THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 2.11.2016 |
| EXHGIBIT P4: |
PHOTOCOPY OF THE OP (ARBITRATION) NO.39/2016 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 3.2.2016 |
| EXHIBIT P5: |
PHOTOCOPY OF I.A.NO339/2016 IN OP (ARBITRATION) NO.39/2016 OF DISTRICT COURT, THIRUVANANTHAPURAM DSTED 3.2.2016 |
| EXHIBIT P6: |
PHOTOCOPY OF OBJECTION FILED BY THE RESPONDENT IN I.A.NO.339/2016 IN OP(ARBITRATION) NO.39/2016 BEFORE THE DISTRICT COURT THIRUVANANTHAPURAM |
| EXHIBIT P7: |
PHOTOCOPY OF THE EP NO.595/2016 IN ARBITRATION CASE NO.414/2015 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM |
| EXHIBIT P8: |
PHOTOCOPY OF THE EA NO.553/2016 IN EPNO.595/2016 BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM |
| EXHIBIT P9: |
PHOTOCOPY OF THE ORDER DATED 03.10.2016 IN EA NO.553/2016 IN EP NO.595/2015 IN AR NO.414/2015 BEFORE THE VITH ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM |
| EXHIBIT P10: |
PHOTOCOPY OF THE WARRANT AND AMIN REPORT DATED 24.10.2016 |
//TRUE COPY//
PS TO JUDGE.
jg-24/3
ASHOK MENON, J.
------------------------------------------OP(C) No.2959 of 2016 ------------------------------------------Dated this the 16th day of March, 2018
J U D G M E N T
The learned counsel for the petitioner has sought for an installment facility to pay off the balance outstanding EP amount in 16 equal monthly installments. The learned counsel for the respondent has no objection in granting 12 equal monthly installments. Hence, the petitioner is directed to pay off the balance outstanding amount in 12 equal monthly installments, the first of which will be paid on or before 30.04.2018 and the balance on or before the last working day of 11 subsequent months. To facilitate the petitioner to make payments as above, execution proceedings will stand stayed. If the petitioner commits default in making payment of any of the installments as above, the stay will stand automatically recalled and the decree holder can proceed, in accordance with law. This Original Petition is disposed of as above.
Sd/-
ASHOK MENON JUDGE
jg
1 issue framed by the court
Whether to grant an installment facility to pay off the balance outstanding EP amount.
Sunil Lal
Kotak Mahindra Pvt. Ltd
Ashok Menon
As recorded by the court registry
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