Allowed

R. Gopakumaran Pillai v. Sreekrishna Vilasam Chit Funds Chavara Pvt. Ltd.

Kerala HC22 Feb 2023OP(C)/184/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a petition filed to permit payment of a decree debt in equated monthly installments under Article 227, allowing payment in 20 months while directing the lower court to revive execution on default.

What did the court decide?

The petitioner is permitted to pay off the entire decree debt in 20 equated monthly instalments commencing from 22.03.2023; execution proceedings are stayed pending this.

R. Gopakumaran Pillai Vs Sreekrishna Vilasam… — Contract and Commercial Disputes | Kerala HC (2023)

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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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WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944

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OP(C) NO. 184 OF 2023

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AGAINST THE ORDER/JUDGMENT IN EP 69/2019 OF MUNSIFF COURT, KARUNAGAPPALLY

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PETITIONER/1ST JUDGMENT DEBTOR:

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R. GOPAKUMARAN PILLAI
AGED 45 YEARS
S/O CHANDRAN PILLAI, RESIDING AT AVANI,
KAITHAKODE PO, KOLLAM, PIN - 691543
BY ADVS.
HARISH GOPINATH
C.C.BINDHYA

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RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTORS 2 TO 4:

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1 SREEKRISHNA VILASAM CHIT FUNDS CHAVARA PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR R. RAVI MOHAN, AGED 41 YEARS, S/O RAMACHANDRAN NAIR, MOHAN NIVAS, MENAMPALLY MURI, CHAVARA, KOLLAM, PIN - 691583

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2 G.REJI KUMAR AGED 48 YEARS

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S/O GOPALA PILLA , VENKULATHU THEKKETHIL, KAITHAKODE
CHERI, PARITHESWARAM VILLAGE, KOTTARAKARA TALUK, KOLLAM,
PIN - 691506

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3 N. PREM KUMAR AGED 49 YEARS S/O NARAYANA PILLAI, PREETHA BHAVAN, EDARATTAM CHERI , KAITHAKODE CHERI , PARITHRESWARAM VILLAGE , KOTTARAKARA TALUK , KOLLAM, PIN - 691506

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4B.SARATHCHANDRAN PILLAI
AGED 41 YEARS
S/O BALAKRISHNA PILLAI ,VELIKKATTU VEEDU ,THEKKUMMURI
CHERI , KAITHAKODE CHERI , PUTHOOR VILLAGE , KOTTARAKARA
TALUK , KOLLAM, PIN - 691506
BY ADVS.
ABDUL JAWAD.K
A.GRANCY JOSE(K/1204-M/2010)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 184 OF 2023

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J U D G M E N T

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The original petition is filed, interalia, to permit the petitioner to pay off the entire decree debt in E.P. No. 69/2019 in Award No. C 4-6473/2017 of the Court of the Munsiff, Karunagappally, in equated monthly installments.

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The concise case of the petitioner in the original petition is that, he is the principle debtor in a chitty transaction with the 1^st respondent. The respondents 2 to 4 are the guarantors of the petitioner. Since the petitioner defaulted in payment of the installments, the 1^st respondent had initiated proceedings under Chit Funds Act. and Ext.P1 award was passed. The 1^st respondent has laid the award to execution by filing EP No. 69/2019. Presently, the court below has passed Ext.P4 order attaching the salary of the 3^rd respondent. The petitioner is prepared to pay off the entire decree debt in the execution petition in instalments. Hence, the original petition.

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Heard; Sri. Harish Gopinath, the learned counsel

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OP(C) NO. 184 OF 2023

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appearing for the petitioner and Sri. Abdul Jawad K, the learned Counsel appearing for the respondents.

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Sri. Harish Gopinath, the learned counsel for the petitioner submitted that the petitioner is prepared to pay off the decree debt in 24 equated monthly installments, so that the attachment of the salaries of the respondents 2 to 4 can be averted.

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The above submission was opposed by Sri. Abdul Jawad, the learned counsel for the respondents. He contended that, if the salaries of the petitioner and respondents 2 to 4 are attached, atleast an amount of Rs. 40,000/- can be recovered from them per month. Therefore, the petitioner may be directed to pay off the entire decree debt in atleast 19 equated monthly installments.

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On an appreciation of materials and pleadings recorded and taking into consideration the submission that the petitioner is prepared to pay off the entire decree debt pursuant to Ext.P1 award, and to give a quietus to the litigations, I am inclined to take a lenient view in the matter

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OP(C) NO. 184 OF 2023

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by permitting the petitioner to pay off the entire decree debt pursuant to Ext.P1 award, in 20 instalments.

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In the result, in exercise of the power of superintendence of this Court under Article 227 of the Constitution of India, I dispose of the original petition in the following manner;

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The Court of the Munsiff, Karunagappally is directed to defer further proceedings in EP No. 69/2019.

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The petitioner is permitted to pay off the entire decree debt in EP No. 69/2019, pursuant to Ext.P1 award, in 20 equated monthly instalments commencing from 22.03.2023.

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If the petitioner defaults in payment of two consecutive installments, the Court of the Munsiff, Karunagappally is directed to revive EP No. 69/2019 from the stage it has been stopped, and proceed with the same, in accordance with law and bring it to its logical conclusion, as expeditiously as possible.

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The Court of the Munsiff, Karunagappally is

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OP(C) NO. 184 OF 2023

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directed to release the installments deposited by the petitioner to the 1^st respondent, in accordance with law, as and when the amount is deposited.

Sd/-

C.S.DIAS, JUDGE

OP(C) NO. 184 OF 2023

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APPENDIX OF OP(C) 184/2023

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PETITIONER EXHIBITS :

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EXHIBIT P1TRUE COPY OF THE AWARD DATED 20/6/2018
PASSED BY THE ARBITRATOR OF CHITS
EXHIBIT P2TRUE COPY OF THE PETITION IN E.P. 69/2019
ON THE FILE OF MUNSIFF COURT,
KARUNAGAPPALLY

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EXHIBIT P3TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER DATED 12/2/2022 IN E.P.
69/2019 ON THE FILE OF MUNSIFF COURT,
KARUNAGAPPALLY

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EXHIBIT P4TRUE COPY OF THE ORDER DATED 16/12/2022
OF THE MUNSIFF COURT, KARUNAGAPPALLY IN
E.P.69/2019

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// True Copy // PA To Judge

R. Gopakumaran Pillai v. Sreekrishna Vilasam Chit Funds Chavara Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

R. Gopakumaran Pillai v. Sreekrishna Vilasam Chit Funds Chavara Pvt. Ltd.

Case brief

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What did the court decide?

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