Kerala Kaumudi (p) Ltd

Heard learned counsel for the petitioner / applicant / decree holder and learned counsel for respondent / judgment debtor.

On behalf of respondent, learned counsel Mr. Aljo K Joseph submits that he has not been provided with a copy of the Execution Application and he

needs at least one week's time to take instructions or file a reply.

Learned counsel for the decree holder, on the other hand, submits that this application was filed on 5.1.2021 and advance notice has been given to the

other side but she is ready to forward a soft copy of the Execution Application to Mr. Joseph, learned counsel for the respondent during the course of

the day. Let that be done.

On behalf of decree holder, a further prayer has been made for considering the general tendency to part with movables and money, and therefore

some restrain order should be passed even while granting time to the judgment debtor to file a reply. Learned counsel prays for a direction upon the

judgment debtor and concerned branch of the Syndicate Bank, whose details are mentioned in column 10 at page 3 of the Execution Application as

well as to the judgment debtor to stop operation of that bank account so as to prevent any withdrawals till the next date.

The decree holder also wants a direction upon the respondent to disclose all its assets and liabilities as per provisions in Order 21 of the CPC where

Execution of a money decree is concerned.

Although learned counsel for judgment debtor has prayed that no restrain order be passed till the next date when the reply should be available,

considering the nature of the proceeding and all the facts and circumstances and the past records, the prayer on behalf of decree-holder appears fit to

be allowed in the interest of justice and propriety. Accordingly, the concerned Syndicate Bank, Statute Branch, Trivandrum, Kerala as well as

judgment debtor - Kerala Kaumudi (P) Ltd are directed to observe and ensure that no money is withdrawn from Judgment debtor's account No.

40001010000088 till the next date.

Petitioner / decree holder will be at liberty to communicate a copy of this order to the Bank also.

In addition to filing its reply, the respondent/ judgment debtor is directed to disclose its assets and liabilities as per schedule A available at page 8 of the

Execution Application and Form 16 A of Appendix ""E"" read with Order XXI Rule 41 of CPC.

This compliance is expected by the next date, but if required, further time may be granted on the next date.

Post the matter under the same head on 19.2.2021.