Allowed

Sushil Vijay Arora v. Dr. Joly Jacob

Kerala HC6 Nov 2023OP(C)/2261/2023

Case brief

AI extract

What is this about?

Hon'ble Court granted one day extension for petitioner to deposit the remaining 75% of auction amounts in two execution petitions. Ordered adjournment of re-schedule if payment is made by 1 PM next day. Warned of rescheduled sale if default continues.

What did the court decide?

Petitioner given one day time to deposit 75% balance. Re-sale adjourned if payment made tomorrow by 1 PM. Otherwise, re-sale proceeds as scheduled.

Sushil Vijay Arora Vs Dr. Joly Jacob — Execution and Attachment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(C) NO. 2261 OF 2023

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AGAINST THE ORDER/JUDGMENT OS 467/2013 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT,ERNAKULAM

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PETITIONERS:

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SUSHIL VIJAY ARORA
AGED 62 YEARS
S/O K.V ARORA, 47/368, JM TOWER, 4A1, PT ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
KRISHNA DAS
K.R.PRATHISH
S.UNNIKRISHNAN (NELLAD)
JOEL CHALAMANA

¶8

RESPONDENTS:

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1DR. JOLY JACOB
DENTIST, S/O K.C CHACKO, NO. 344 SALEM ROAD,
MOORESTOWN, NEW JERSEY-08057 REPRESENTED BY HER POWER
OF ATTORNEY HOLDER P.C. THOMAS, S/O. CHACKO CHACKO,
PARUVAMOOTTIL, KALLUNKAL P.O, NEDUMPROM VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689102
2ANNIE JOLY JACOB
AGED 50 YEARS
W/O DR. JOLY JACOB, NO. 344 SALEM ROAD, MOORESTOWN, NEW
JERSEY-08057 REPRESENTED BY HER POWER OF ATTORNEY
HOLDER P.C. THOMAS, S/O. CHACKO CHACKO, PARUVAMOOTTIL,
KALLUNKAL P.O, NEDUMPROM VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA, PIN - 689102

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3M/S STAR HOMES & RESORTS PVT LTD,
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C BUS
STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682 035 ALSO
HAVING ADDRESS AS CHERUPARAMBATHU ROAD, KADAVANTHRA,
ERNAKULAM REPRESENTED BY MANAGING DIRECTOR AJAY
VARGHESE GEORGE, PIN - 682020

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4 M/S STAR FOUNDATION AND STRUCTURES PVT LTD, PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS, NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682 035 ALSO

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 2

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HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING
DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
5AJAY VARGHESE GEORGE
AGED 55 YEARS
S/O K.V. GEORGE, AGED ABOUT 55 YEARS, MANAGING
DIRECTOR M/S STAR HOMES & RESORTS PVT LTD AND M/S
STAR FOUNDATION AND STRUCTURES PVT LTD, SOUTH STAR
APARTMENTS, NO.38/2378-A4, COCHIN CORPORATION, EAST
OF KS R T C BUS STAND, ERNAKULAM, ELAMKULAM
VILLAGE, ALSO HAVING ADDRESS AS CHERUPARAMBATHU
ROAD, KADAVANTHRA, PIN - 682035

¶14

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2023, ALONG WITH OP(C).2282/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 3

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶17

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(C) NO. 2282 OF 2023

¶18

AGAINST THE ORDER/JUDGMENT OS 468/2013 OF ASSISTANT SESSIONS
COURT/II ADDITIONAL SUB COURT,ERNAKULAM

¶19

PETITIONERS:

¶20

SUSHIL VIJAY ARORA
AGED 62 YEARS
S/O K.V ARORA, 47/368, JM TOWER, 4A1, PT ROAD,
VADUTHALA, ERNAKULAM, PIN - 682023
BY ADVS.
S.RENJITH
S.UNNIKRISHNAN (NELLAD)
KRISHNA DAS
K.R.PRATHISH
JOEL CHALAMANA
P.K.SREEVALSAKRISHNAN

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RESPONDENTS:

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1SOSAMMA ABRAHAM
CLAIMS SPECIALIST, W/O LATE SUNNY ABRAHAM, RESIDING
AT 84, DURNESS DRIVE, WILLIAMS TOWN, NEW JERSEY -
08094, U.S.A. REPRESENTED BY HER POWER OF ATTORNEY
HOLDER P.C. THOMAS, S/O. CHACKO CHACKO,
PARUVAMOOTTIL, KALLUNKAL P.O, NEDUMPROM VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689102
2M/S STAR HOMES & RESORTS PVT LTD
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN-
682035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING
DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
3M/S STAR FOUNDATION AND STRUCTURES PVT LTD
PRESENTLY HAVING ADDRESS AT SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN- 682
035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM REPRESENTED BY MANAGING

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 4

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DIRECTOR AJAY VARGHESE GEORGE, PIN - 682020
4AJAY VARGHESE GEORGE
AGED 55 YEARS
S/O K.V. GEORGE, MANAGING DIRECTOR M/S STAR HOMES &
RESORTS PVT LTD AND M/S STAR FOUNDATION AND
STRUCTURES PVT LTD, SOUTH STAR APARTMENTS,
NO.38/2378-A4, COCHIN CORPORATION, EAST OF KS R T C
BUS STAND, ERNAKULAM, ELAMKULAM VILLAGE, PIN-
682035 ALSO HAVING ADDRESS AS CHERUPARAMBATHU ROAD,
KADAVANTHRA, ERNAKULAM, PIN – 682020

¶25

BY. ADVS.
M.P RAMNATH

¶26

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2023, ALONG WITH OP(C).2261/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 5

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JUDGMENT Dated this the 6^th day of November, 2023

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The petitioner herein is an auction purchaser in E.P No. 11/2018 in O.S No. 467/2013 and E.P No. 12/2018 in O.S. No. 468/2013, both of Sub Court-II, Ernakulam. His short grievance is that, he could not pay 75% of the auction amounts within the time stipulated by the Court below, though he deposited 25% of the same within 15 days, as envisaged by the statute. Applications preferred by the petitioner/auction purchaser in the respective E.P’s were dismissed by the Court below, stating that, there is no provision in the Code of Civil Procedure to extend the time stipulated.

¶30

Heard the learned counsel for the petitioner, who would submit that the petitioner is prepared to deposit the balance 75% of auction amounts before 1. P.M, tomorrow in both the E.P’s. The said submission is accepted and if the petitioner effects such payments, the re-sale in both the E.P’s, which is scheduled tomorrow, will be adjourned for appropriate orders by the learned Sub Judge. In case, such amounts are not deposited within the time stipulated above, the re-sale shall proceed as scheduled in accordance

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 6

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with law. The learned Sub Judge shall ensure that the fact that the case is not posted tomorrow will not stand in the way of depositing the amounts as directed above; and application if any, preferred by the petitioner herein seeking the matters to be posted tomorrow, to record the deposit as directed, will be entertained. These original petitions are disposed of as above.

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H/O

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Sd/-

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C. JAYACHANDRAN
 JUDGE

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Asw

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 7

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APPENDIX OF OP(C) 2261/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE IN E.P NO. 11 OF 2018 IN
O.S NO. 467 OF 2013 OF SUB COURT-II,
ERNAKULAM DATED 15.01.2018
Exhibit P2TRUE COPY OF THE E.A NO. 535 OF 2023 IN
E.P NO. 11 OF 2018 IN O.S NO. 467 OF 2013
FILED BEFORE THE SUB COURT-II, ERNAKULAM
Exhibit P3TRUE COPY OF THE ORDER DATED 15.09.2023
IN E.A NO. 535 OF 2023 IN E.P NO. 11 OF
2018 IN O.S NO. 467 OF 2013 OF SUB COURT-
II, ERNAKULAM

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 8

¶41

APPENDIX OF OP(C) 2282/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE IN E.P NO. 12 OF 2018 IN
O.S NO. 468 OF 2013 OF SUB COURT-II,
ERNAKULAM DATED 15.01.2018
Exhibit P2TRUE COPY OF THE E.A NO. 533 OF 2023 IN
E.P NO. 12 OF 2018 IN O.S NO. 468 OF 2013
FILED BEFORE THE SUB COURT-II, ERNAKULAM
DATED 05.09.2023
Exhibit P3TRUE COPY OF THE ORDER DATED 15.09.2023
IN E.A NO. 533 OF 2023 IN E.P NO. 12 OF
2018 IN O.S NO. 468 OF 2013 OF SUB COURT-
II, ERNAKULAM

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OP(C) NO. 2261 OF 2023 and OP(C) NO. 2282 OF 2023 9

Sushil Vijay Arora v. Dr. Joly Jacob

Case brief

What is this about?

What did the court decide?

Sushil Vijay Arora v. Dr. Joly Jacob

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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