Joseph M C vs Indusind Bank Limited
2022 Latest Caselaw 1479 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                   THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
           Wednesday, the 2nd day of February 2022 / 13th Magha, 1943

                             OP(C) NO. 204 OF 2022

EP 1005/2021 IN SGRCV NO. 16L/ 2020 OF THE PRINCIPAL SUB COURT, ERNAKULAM.

  PETITIONER/ 2ND RESPONDENT/ 2ND JUDGMENT DEBTOR:

       JOSEPH M C AGED 61 YEARS JOSEPH M.C, AGED 61 YEARS, SON OF CHEEKKU,
       METTEKKATT, CHATHEDAM, THRUTHIPURAM. P.O. PUTHENVELIKKARA,
       ERNAKULAM - 683594.

  RESPONDENTS/ PETITIONER AND 1ST RESPONDENT/ DECREE HOLDER AND 1ST JUDGMENT
  DEBTOR:

     1. M/S.INDUSIND BANK LIMITED INDUSIND BANK LIMITED, NEW NO. 34, OLD
        NOS. 115 AND 116, G.N CHETTY ROAD, T. NAGAR,CHENNAI - 600 017
        THROUGH ITS BRANCH OFFICE, JAIN TOWER 2, VARAPUZHA ROAD, NEAR
        RAILWAY BRIDGE, EDAPALLY, KOCHI - 682 024 REPRESENTED BY ITS P.O.A
        HOLDER MR ANTHONY XAVIER.ERNAKULAM, PIN - 682024.

     2. ROBIN. M J AGED 34 YEARS S/O JOSEPH
        MC,METTEKKATT,CHATHEDAM,THURUTHIPURAM PO, PUTHANVELIKKARA,ERNAKULAM,
        PIN - 683594


       OP (Civil) praying inter alia that in the circumstances stated in
  the affidavit filed along with the OP(C) the High Court be pleased to stay
  all further proceedings in EP No. 1005/2021 in SGRCV No. 16L/2020 on the
  file on Hon'ble Principal Sub Court at Ernakulam, pending final disposal
  of the above Original Petition.


       This petition coming on for admission upon perusing the petition and
  the affidavit filed in support of OP(C) and upon hearing the arguments of
  M/S K.B.GANGESH & AMAL S KUMAR, Advocates for the petitioner, the court
  passed the following:


                                                                        [PTO]
                         A. BADHARUDEEN, J.
               ================================
                         O.P.(C) No.204 of 2022
               ================================
                 Dated this the 2nd day of February, 2022

                                     ORDER

O.P(C) No.204 of 2022 is an application filed

by the second judgment debtor in E.P 1005/2021

under Article 227 of the Constitution of India

seeking instalment facility to pay the amount due

as per award dated 12.03.2021. Thus it appears

that the petitioner has no other contentions.

2. Heard, the learned Counsel for the

petitioner. The petitioner's counsel was asked as

to whether 50% award amount due can be deposited

within a period of thirty days. The learned

counsel has not agreed for the same. However, he

agreed to pay some amount.

3. In fact, the prayer is only to grant

instalment facility. Therefore, nothing could be

gathered from the materials placed to interfere

with the execution of an award passed, legally.

However, having considered the prayer for

instalment facility, I direct the petitioner to pay O.P.(C) No.204 of 2022

or deposit Rs.2,50,000/- (Two lakh fifty thousand

Only) within thirty days from today, with liberty

to the decree holder to release the same (in case

of deposit).

Issue notice to the respondents. In the

meanwhile, the execution of the warrant of arrest

stands stayed till 02.03.2022.

Post on 02.03.2022 to verify whether the

amount ordered is paid or deposited.

Sd/-

A. BADHARUDEEN, JUDGE

Cak

02-02-2022 /True Copy/ Assistant Registrar