K.V.Dileep vs Integrated Finance Company ...
2021 Latest Caselaw 4385 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        OP(C).No.1655 OF 2020

  AGAINST THE ORDER DATED 19.8.2020 IN E.P.NO.280 OF 2019 IN OS
         4577/2004 OF II ADDITIONAL SUB COURT,ERNAKULAM


PETITIONER:

               K.V.DILEEP
               AGED 51 YEARS
               S/O.P.P.VELAYUDHAN,
               KARTHIKA (LAL BHAVAN),
               PULINCHODU, THAIKKATTUKARA P.O,
               ALUVA, ERNAKULAM, PIN-683 106

               BY ADVS.
               SRI.BINOY DAVIS
               SRI.REJI GEORGE
               SRI.A.M.NASEER
               SRI.RAMU RAJENDRAN

RESPONDENTS:

      1        INTEGRATED FINANCE COMPANY LIMITED
               HAVING ITS REGISTERED OFFICE OF AT NO.112,
               THYAGARAYA ROAD, T NAGAR, CHENNAI-600 017, AND ITS
               BRANCH OFFICE INTER ALIA AT XXXIX/5682,
               RAVIPURAM JUNCTION, MAHATMA GANDHI ROAD,
               COCHIN-682 015, HAVING ITS REGISTERED OFFICE
               CURRENTLY AT NO.10, R-BLOCK, II FLOOR,
               PREM NAGAR COLONY,SOUTH BOAG ROAD T-NAGAR,
               CHENNAI-600 017, REPRESENTED BY ITS AUTHORIZED
               SIGNATORY, A. HEMA JOTHI.

      2        LLOYD,
               PALLIPARAMBIL HOUSE,
               VALLARPADOM P.O,
               ERNAKULAM DISTRICT,
               KERALA-682 031


     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1655/2020               2




                          JUDGMENT

Dated this the 5th day of February 2021

The second judgment debtor in E.P.No.280 of 2019 in

O.S.No.4577 of 2004 before the II Additional Sub Court,

Ernakulam, challenges the impugned order dated 19.8.2020

passed by the court.

2. The decree for money originally passed by the City

Civil Court, Chennai, was transferred to II Additional Sub Court,

Ernakulam for execution. The second judgment debtor entered

appearance and filed a counter challenging jurisdiction of the

court to execute the transferred decree contending that he is not

residing within the local limits of the jurisdiction of that court.

The impugned order did not show that the objection raised was

considered by the court below in the light of the principles of law

having bearing on the issue.

3. The learned counsel for the petitioner relying on

Section 39(1) clause (a) and sub-section (4) of C.P.C. submits

that personal execution cannot be levied against a judgment

debtor who is not residing within the jurisdiction of the executing

court.

4. I am not expressing any opinion on the merits of the

contentions raised. It suffices to say that the objection raised in

the counter affidavit submitted by the petitioner was not gone

into by the court below and a decision was not taken in the light

of the provisions pointed out.

3. After hearing both sides, I am of the opinion that the

matter shall remitted back to the court below for passing a fresh

decision on the issue.

In the result, O.P. succeeds and it is allowed setting aside

the impugned order. The execution court shall decide the

objection raised by the petitioner herein in accordance with law

and pass orders as expeditiously as possible after getting

opportunities to both parties.

Sd/-

T.V.ANILKUMAR JUDGE csl

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF E.P.NO. 280/2019 IN OS 4577/04 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND ADDITIONAL SUB COURT.

EXHIBIT P2 A TRUE COPY OF COUNTER AFFIDAVIT DATED 18.01.2020 FILED BY THE PETITIONER BEFORE THE 2ND ADDITIONAL SUB COURT, ERNAKULAM IN E.P.NO.280/2019 IN OS 4577/04

EXHIBIT P3 A TRUE COPY OF ORDER DATED 19.08.2020 PASSED BY THE 2ND ADDITIONAL SUB COURT,ERNAKULAM IN E.P.NO. 280/2019 IN OS 4577/04