Allowed

K.K. Manikandan, v. Kotak Mahindra Bank Ltd.

Kerala HC14 Jan 2019OP(C)/3289/2018

Case brief

AI extract

What is this about?

The High Court disposed of an execution petition. Recognizing the petitioner's request for an instalment facility, the Court permitted payment of the due amount in ten equal monthly instalments starting from 04.02.2019, contingent upon timely compliance. Default would reinstate execution proceedings.

What did the court decide?

Permission to pay the entire decree debt with interest and costs in ten equal monthly instalments commencing from 04.02.2019.

K.K. Manikandan, Vs Kotak Mahindra Bank Ltd. — Execution and Attachment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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OP(C).No. 3289 of 2018

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AGAINST THE ORDER IN EP 247/2016 of I ADDL.DISTRICT COURT, ERNAKULAM DATED 30-11-2018

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PETITIONER:

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K.K. MANIKANDAN, AGED 34 YEARS

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S/O CHELLAMMA, RESIDING AT 2666/30, SASI BHAVAN 5, MOOLAMPILLY KADAMAKUDY, ERNAKULAM-682027.

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BY ADVS. SRI.J.RAMKUMAR SRI.J.RAMKUMAR

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RESPONDENT:

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KOTAK MAHINDRA BANK LTD., 1ST FLOOR, CEEBROS CENTRE, 39, MOTIETH ROAD, EGMORE, CHENNAI-6000008, HAVING VARIOUS BRANCHES INCLUDING ONE AT ST FLOOR KANAKA DAMODAR BUILDING, VEEKSHANAM ROAD, OPP. INTERNATIONAL HOTEL, COCHIN-682035, REP. BY ITS AUTHORISED SIGNATORY.

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BY ADVS. SMT.K.N.RAJANI SMT.P.A.SULEKHA SRI.K.P.SHIBU

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 3289 of 2018

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JUDGMENT

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Warrant of arrest and detention is ordered

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against the petitioner by the execution court for

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non payment of amounts due under a decree for money.

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Heard both sides.

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All that the petitioner prays is a

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reasonable instalment facility to wipe off the entire debt.

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As per order dated 10.12.2018 this Court had

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directed the petitioner to pay an amount of Rs.10,000/- towards the decree debt. It is reported that the same has been complied with. I am of the opinion that some indulgence can be shown and reasonable instalment facility can be afforded to the petitioner.

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In the result, the original petition is disposed of permitting the petitioner to pay off the entire amounts due to the respondent/decree holder with interests and costs, in ten equal monthly instalments commencing from 04.02.2019 onwards. The

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OP(C).No. 3289 of 2018

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subsequent instalments shall be payable on or before the 5^th day of the succeeding months. It is made clear that, in case of default in payment of a single instalment, the petitioner shall not be entitled for the benefit granted in this judgment, and further proceedings in execution shall continue.

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Sd/- Sathish Ninan, Judge

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vdv

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OP(C).No. 3289 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE EXECUTION PETITION NO.247/2016 IN ACP NO.6500 OF 2014 FILED BEFORE TH 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

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EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTOR IN E.P.247/2012 IN ACP. NO.,6500 OF 2014 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

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EXHIBIT P3 TRUE COPY OF THE MEMO DATED

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30.11.2018 FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

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EXHIBIT P4 TRUE COPY OF THE PETITION TO RECALL WARRANT FILED BY THE PETITIONER AS E.A.2956/2018, IN E.P.247/2012 IN ACP 6500/2014 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

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EXHIBIT P5

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TRUE COPY OF THE ORDER DATED 30.11.2018 IN E.P.247/2012 IN ACP 6500/2014 ON THE FILE OF THE 1ST ADDITIONAL DISTRICT COURT, ERNAKULAM

K.K. Manikandan, v. Kotak Mahindra Bank Ltd.

Case brief

What is this about?

What did the court decide?

K.K. Manikandan, v. Kotak Mahindra Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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