Mary, Jose and Jaiby vs Kshemavilasam Kuri Co. Pvt. Ltd.

Thomas P. Joseph, J.—Petitioners are judgment debtors in O.S. Nos. 196 and 198 of 2002 of the court of learned Sub Judge, Muvattupuzha. Petitioner Nos. 2 and 3 are facing warrant of arrest in execution of the decree in the said cases. Petitioners filed I.P. No. 3 of 2007 in the same court to declare them insolvents. That petition was dismissed for default. It is in the meantime that the executing court ordered warrant of arrest against petitioner Nos. 2 and 3. Petitioner Nos. 2 and 3 filed Exts.P5 and P6, applications in the executing court to recall the warrant of arrest issued against them. Learned counsel states that the said applications are coming up for hearing on 20.07.2010 and 24.07.2010. Petitioners therefore request that until those applications are disposed of warrant of arrest issued against petitioner Nos. 2 and 3 may be kept in abeyance.

I have heard learned Counsel for petitioners and gone through the petition. Having regard to the circumstances stated I direct that warrant of arrest issued against petitioner Nos. 2 and 3 shall stand in abeyance till 31.07.2010. Executing court shall dispose of Exts.P5 and P6, applications at the earliest.

Writ Petition is disposed of as above.