K. Muhammed Ali vs South Malabar Grameen Bank

Thomas P. Joseph, J.—This petition arises from the order dated 08.04.2010 passed by learned Munsiff, Tirur in E.P. No. 17 of 2010 in O.S. No. 328 of 2008. Petitioner has suffered a decree for payment of money. Respondent filed execution petition in February, 2010 claiming Rs. 77,450/- with future interest and cost. On March 16, 2010 petitioner appeared and sought time to file counter statement to the prayer for personal execution. Executing court allowed the request and posted the case on April 8, 2010 for counter and payment. On that day since there was no counter, executing court accepted the affidavit of the Branch Manager of respondent - bank, found means for the petitioner and ordered warrant of arrest. That order is under challenge.

Though various contentions are raised in the Writ Petition those contentions are not persuaded before me by the learned Counsel and request now is only to permit petitioner pay the amount due under the decree in 12 installments. I have heard learned Counsel for respondent also in that regard. Respondent is not agreeable to grant that much installments as prayed for.Having regard to the circumstances of the case and considering the amount involved I am inclined to grant petitioner ten (10) months time beginning from 01.12.2010 to discharge the liability under the decree.

Resultantly this petition is dismissed. But petitioner is permitted to pay the amount due under the decree in ten (10) monthly installments beginning from December 1, 2010. Warrant of arrest issued to petitioner shall remain in abeyance during the said period subject to the following conditions:

i. Petitioner shall deposit at the rate of not less than Rs. 5,000/-

(Rupees Five thousand only) per month beginning from 01.12.2010 in the executing court for payment to the respondent.

ii. The amount shall be deposited on or before the fifth of every month.

iii. It is made clear that by the last installment, entire amount due has to be cleared.

iv. In case of default in payment of any installment or the entire amount is not paid within the time granted hereby, it will be open to the respondent to proceed against petitioner pursuant to Ext.P2, order dated April 8, 2010 without any further enquiry as to the means of petitioner.

v. Warrant of arrest issued against petitioner shall stand in abeyance during the said period of ten months beginning from December 1, 2010 or until default is committed whichever is earlier.