Allowed

K.K Sasi@ Sasinath v. M/S Maniamkot Advertising India Private Limited

Kerala HC15 Nov 2023OP(C)/714/2023

Case brief

AI extract

What is this about?

The High Court allowed an Original Petition filed by judgment debtors aggrieved by an order directing issuance of an arrest warrant. The Court directed the Principal Munsiff Court to permit the debtors to cross-examine the decree holder and adduce evidence.

What did the court decide?

Directed Principal Munsiff Court to permit Judgment Debtors to cross-examine Decree Holder and adduce evidence; Ext.P4 order set aside.

K.K Sasi@ Sasinath Vs M/S Maniamkot Advertising… — Execution and Attachment | 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. JAYACHANDRAN

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WEDNESDAY, THE 15^TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945

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O.P.(C) NO.714 OF 2023

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AGAINST THE ORDER EP 101/2019 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.

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NAME AND ADDRESS OF THE PETITIONER/2ND JUDGMENT DEBTOR:

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K.K. SASI@ SASINATH,

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AGED 53 YEARS, S/O. KRISHNANKUTTY, FORMER DIRECTOR, M/S BEST MEDIA COMMUNICATIONS PVT LTD, NORTH SQUARE BUILDING, OPPOSITE TOWN HALL, PARAMARA ROAD, ERNAKULAM, PIN-682 018 RESIDING AT KAILASAM HOUSE, VIP LANE, OLANADU, VARAPUZHA, ERNAKULAM, PIN-683 517.

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BY ADVS. J.RAMKUMAR P.J.JOSEPH JOHN

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NAME AND ADDRESS OF THE RESPONDENT/DECREE HOLDER:

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M/S. MANIAMKOT ADVERTISING INDIA PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT HIG NO.27, NEAR ANDHRA CULTURAL CENTRE, PANAMPILLY NAGAR, ERNAKULAM, PIN-682 036 REPRESENTED BY ITS MANAGING DIRECTOR PAULACHAN MANIAMKOT

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BY ADVS. K.R.VINOD M.S.LETHA(K/139/1996) NABIL KHADER(K/000169/2018) CHITHRA C.EDADAN(K/571/2020) YEDHU KRISHNAN V.J.(K/967/2023) LOVEWIN VINU(K/923/2023)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-2-

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O.P.(C) NO.714 OF 2023

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JUDGMENT

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Dated this the 15^th day of November, 2023

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The 2^nd Judgment Debtor in E.P. No.101/2019

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arising from O.S. No.262/2017 of the Principal Munsiff Court, Ernakulam is the petitioner herein. The petitioner is aggrieved by Ext.P4 order which directed issuance of arrest warrant against him. The petitioner canvassed a further grievance that the petitioner was not given an opportunity to cross-examine the decree holder and to adduce evidence on behalf of the Judgment

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Debtors in the above referred EP.

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Today, when the matter was taken up for

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consideration, learned counsel for the

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respondent/decree holder would submit that the decree holder is not against affording an opportunity to the petitioner to cross-examine the decree holder.

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-3-

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O.P.(C) NO.714 OF 2023

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In the circumstances, this Original Petition is allowed, directing the Principal Munsiff, Ernakulam to permit the Judgment Debtors to cross-examine the decree holder and to adduce evidence, if any, on behalf of the Judgment Debtors in E.P. No.101/2019 in O.S. No.262/2017.

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Inasmuch as an opportunity to

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cross-examine is granted as above, Ext.P4 order is set aside. It is clarified that on completion of the enquiry in E.P. No.101/2019 in O.S. No.262/2017, it will be open for the learned Munsiff to proceed in accordance with law, including issuance of arrest warrant.

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The Original Petition is disposed of as

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above.

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Sd/-

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C. JAYACHANDRAN JUDGE

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bpr

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-4-

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O.P.(C) NO.714 OF 2023

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APPENDIX OF OP(C) 714/2023

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PETITIONER'S EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE E.P.NO. 101/2019 IN OS. NO. 262/2017 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.

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EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTORS IN E.P.NO. 101/2019 IN OS. NO. 262/2017 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.

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EXHIBIT P3 A TRUE COPY OF THE MEANS AFFIDAVIT FILED BY THE DECREE HOLDER IN E.P.NO. 101/2019 IN OS. NO. 262/2017 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM.

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EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 14/03/2023 IN EP.NO. 101/2019 IN OS.NO. 262/2017 OF THE PRINCIPAL MUNSIFF COURT, ERNAKULAM.

K.K Sasi@ Sasinath v. M/S Maniamkot Advertising India Private Limited

Case brief

What is this about?

What did the court decide?

K.K Sasi@ Sasinath v. M/S Maniamkot Advertising India Private Limited

Case brief

What is this about?

What did the court decide?

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