Disposed

M/S. Arogya Holistic Ayurvedic and Medicare and Resorts Ltd. v. M. Damodaran

Kerala HC12 Jan 2024OP(C)/2698/2023

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an execution petition. The court allowed the petitioner to pay the decree debt in 10 equal monthly installments, staying execution proceedings, with a provision that default would revive proceedings.

What did the court decide?

Directed the petitioner to dispose of the decree debt in 10 equal monthly installments, staying execution proceedings subject to revival upon default.

M/S. Arogya Holistic Ayurvedic and Medicare and… — Execution and Attachment | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945

¶4

OP(C) NO. 2698 OF 2023

¶5

AGAINST THE ORDER/JUDGMENT OS 117/2013 OF ASSISTANT SESSIONS COURT/SUB COURT, KANNUR

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PETITIONERS/1ST DEFENDANT AND SUPPLYMENTARY RESPONDENT:

¶7

1M/S. AROGYA HOLISTIC AYURVEDIC AND MEDICARE AND
RESORTS LTD.
VARAMKADAVU, VARAM P.O., KANNUR DISTRICT,
PIN-670594,
REPRESENTED BY ITS CHAIRMAN, KOYODAN KOROTH
CHANDRAN, AGED 72 YEARS, S/O. LATE KORAN NAMBIAR,
RESIDING AT 'SARASWATHY', PALLIKUNNU, KANNUR.,
PIN - 670004
2KOYODAN KOROTH CHANDRAN
AGED 72 YEARS
S/O. LATE KORAN NAMBIAR, CHAIRMAN, M/S. AROGYA
HOLISTIC AYURVEDIC AND MEDICARE AND RESORTS LTD.,
VARAMKADAVU, VARAM P.O., KANNUR DISTRICT,
PIN-670594, RESIDING AT 'SARASWATHY', PALLIKUNNU,
KANNUR., PIN - 670004
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS

¶8

RESPONDENT/PLAINTIFF:

¶9

M. DAMODARAN
S/O. KUTTIRAMAN, AGED 80 YEARS, PROPRIETOR, D-TECH
ENGINEERING INDUSTRIES (MECHANICAL ENGINEERS &
FABRICATORS), P.O. KAPPAD, KANNUR DISTRICT.,
PIN - 670006
BY ADV
MOHAMED JAMEEL P.K

¶10

¶11

O.P.(C) NO. 2698 OF 2023

¶12

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶13

¶14

O.P.(C) NO. 2698 OF 2023

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JUDGMENT

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Learned counsel for the petitioner submits that
the interim order dated 11.12.2023 has been complied
with. Memo evidencing payment has been hand over.
The petitioner seeks 10 more installments to wipe
off the decree debt.

¶17

2. The request made by the petitioner appears to
be reasonable and accordingly, this Original
Petition is disposed of, directing the petitioner to
dispose of the decree debt in 10 equal monthly
installments, during which time the execution
proceedings will stand stayed. However, it is
clarified that if any of the installments is
defaulted, the E.P. will revive and the same will be
proceeded with, in accordance with law.

¶18

This Original Petition is disposed of, as above.

¶19

Sd/-

¶20

C. JAYACHANDRAN
JUDGE

¶21

BR

¶22

¶23

O.P.(C) NO. 2698 OF 2023

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APPENDIX OF OP(C) 2698/2023

¶25

PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE E.P. NO.49/2021 ON THE
FILE OF THE LEARNED SUBORDINATE JUDGE'S
COURT, KANNUR.
Exhibit P2TRUE COPY OF THE ORDER DATED 7.11.2023 IN
E.P. NO.49/2021 IN O.S.117/2013 ON THE
FILE OF THE LEARNED SUBORDINATE JUDGE'S
COURT, KANNUR.

¶26

RESPONDENT’S EXHIBITS: NIL

M/S. Arogya Holistic Ayurvedic and Medicare and Resorts Ltd. v. M. Damodaran

Case brief

What is this about?

What did the court decide?

M/S. Arogya Holistic Ayurvedic and Medicare and Resorts Ltd. v. M. Damodaran

Case brief

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What did the court decide?

What the court decided

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