Allowed

Vijayan.K.K v. Canara Bank

Kerala HC6 Jun 2022OP(C)/497/2022

Case brief

AI extract

What is this about?

The High Court exercised supervisory powers under Article 227 to direct the petitioner to pay the balance decree debt in ten equated monthly installments. Execution proceedings were stayed conditionally pending compliance, with revival upon default in any installment.

What did the court decide?

Directed petitioner to pay balance decree debt in ten equated monthly installments commencing from 1.7.2022; execution proceedings stayed subject to non-default.

Vijayan.K.K Vs Canara Bank — Execution and Attachment | Kerala HC (2022)

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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 C.S.DIAS

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MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944

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OP(C) NO. 497 OF 2022

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AGAINST THE ORDER/JUDGMENT IN EP 145/2019 OF MUNSIFF COURT,
NADAPURAM

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PETITIONER/S:

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VIJAYAN.K.K
AGED 52 YEARS
S/O.POKKAN, KOYITTIKANDI HOUSE, POOKKAD ROAD,
KAVILUMPARA AMSOM DESOM, VATAKARA TALUK, KOZHIKODE
DISTRICT - 673 508.

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BY ADVS.
M.PROMODH KUMAR
MAYA CHANDRAN
ABIMALEK C VALSAN

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RESPONDENT/S:

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CANARA BANK
THOTTIPALAM BRANCH, REP. BY PRINCIPLE
OFFICER/MANAGER REMESAN MOORKOTH, S/O.SANKARAN, AGED
62 YEARS, KAVILUMPARA AMSOM DESOM, VATAKARA TALUK,
KOZHIKODE DISTRICT - 673 508.

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BY ADV.V.B HARINARAYAN

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C) 497 of 2022

C.S DIAS,J.

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OP(C) No.497 of 2022

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-----------------------------

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Dated this the 6^th day of June, 2022.

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JUDGMENT

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The original petition is filed to set aside Ext P3 order passed by the Court of the Munsiff, Nadapuram in E.P No.145/2019 in O.S No.28/2017.

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The petitioner, who is the Judgment Debtor in the above execution petition, assails Ext P3 order issuing a warrant of arrest against him. He has, inter alia, contended that the entire proceedings are irregular. Hence, the original petition.

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When the original petition came up for consideration on 25.3.2022, this Court directed the petitioner to deposit an amount of Rs.60,000/- on or before 25.5.2022 and the same to be released to the respondent – Bank.

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OP(C) 497 of 2022

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The learned counsel appearing on both sides submit that the above said amount has already been deposited by the petitioner and released to the respondent.

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The learned counsel for the petitioner now prays that the petitioner may be permitted to pay the balance decree debt in twelve equated monthly installments.

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The above prayer is not seriously opposed by the learned counsel appearing for the respondent, who submits that the petitioner may be directed to pay the decree debt in three equated monthly installments.

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On a consideration of the pleadings and materials on record, and taking note of the peculiar facts and circumstances of the case, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of the original petition by directing the petitioner to pay off the balance decree debt in E.P No.145/2019 in O.S No.28/2017 in ten equated monthly installments commencing from

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OP(C) 497 of 2022

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1.7.2022. The Execution Court is directed to keep in abeyance all coercive proceedings in E.P No.145/2019 to permit the petitioner to comply with the above direction. However, it is made clear that if the petitioner commits default in one installment, the Execution Court would be at liberty to revive the execution petition from the stage it has been stopped and bring it to its logical conclusion.

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The original petition is ordered accordingly.

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SD/-

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Sks/6.6.2022 C.S.DIAS, JUDGE

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OP(C) 497 of 2022

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APPENDIX OF OP(C) 497/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE E.P. DATED 18/11/2019.
Exhibit P2TRUE COPY OF THE COUNTER AFFIDAVIT DATED
02/11/2021.
Exhibit P3TRUE COPY OF THE WARRANT ISSUED AGAINST
THE PETITIONER AS ORDER DATED 07/02/2022.

Vijayan.K.K v. Canara Bank

Case brief

What is this about?

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Vijayan.K.K v. Canara Bank

Case brief

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