Kerala High Court
Sanup Nair vs M/S. Klm Fincorp Ltd on 12 April, 2023
CRP No.99/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
IA.NO.1/2023 IN CRP NO. 99 OF 2023
EP 35/2019 IN O.S 42/2017 OF SUB COURT, PERUMBAVOOR, ERNAKULAM
PETITIONER/ REVISION PETITIONER/ JUDGMENT DEBTOR NO. 3/ DEFENDANT NO. 3:
SANUP NAIR, AGED 42 YEARS, S/O PRABHAKARAN NAIR, NJANOOR HOUSE,
KODANAD P O, KOOVAPADY VILLAGE, PERUMBAVOOR, KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT, PIN - 683544
RESPONDENTS/ RESPONDENTS/ DECREE HOLDER AND JUDGMENT DEBTOR NO 1 & 2/
PLAINTIFF AND DEFENDANTS 1 & 2:
1. M/S. KLM FINCORP LTD, REGD. OFFICE AT MATHEWSONS TRADE CENTRE,
KALOOR, NEAR JLN STADIUM, KALOOR, KOCHI - 682017 REPRESENTED BY ITS
POWER OF ATTORNEY HOLDER GEORGE MATHEW, AGED 65 YEARS, S/O MATHAI,
MARACHERY PUTHAYATH HOUSE, KUTHUKUZHY P O, KOTHAMANGALAM, PIN -
686691
2. P G KANCHANA, AGED 61 YEARS, W/O N P PRABHAKARAN, SUPRABHA HOUSE,
KODANAD P O, KOOVAPADY VILLAGE, PERUMBAVOOR, KUNNATHUNAD TALUK,
ERNAKULAM DISTRICT, PIN - 683544
3. VINOD KRISHNAN, AGED 46 YEARS, S/O KRISHNAN NAIR, ERATTU HOUSE,
KURUPPANKULANGARA P O, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN -
688539
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the order dated 10-03-2023 of Sub Court Perumbavoor in EP No. 35/2019
in OS No. 42/2017 and release the petitioner from civil prison during the
pendency of above Civil Revision Petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S P.P.KRISHNAVENI & NAVEEN THOMAS, Advocates for the petitioner and
of Sri. DILEEP S. KALLARAMOOLA, Advocate for the respondent 1, the court
passed the following:
(p.t.o)
CRP No.99/2023 2/2
O R D E R
For the reasons stated in the affidavit in support of the
application and after hearing the learned counsel appearing on both sides
and taking note of the submission made by the learned counsel appearing
for the petitioner that the petitioner is prepared to pay off the decree
amount in equated monthly installements, I am inclined to pass a
conditional interim order. Hence, I stay the operation of the order dated
10-03-2023 in EP No. 35/2019 of the court of the Subordinate Judge,
Perumbavoor as against the petitioner, on condition that the petitioner
forthwith deposits an amount of Rs. 2,00,000/- (Rupees two lakhs only)
before the execution court. Immediately, on the amount being deposited,
the execution court is directed, to order the release of the petitioner
from the civil prison. The petitioner shall also on being released from
the civil prison, execute an undertaking with two sureties before the
execution court undertaking to pay a further amount of Rs. 3,00,000/-
(Rupeees three lakhs only) on or before 31-05-2023. The amounts that are
deposited by the petitioner, shall be released to the first respondent in
accordance with law.
Post on 05-06-2023.
Sd/- C.S.DIAS, JUDGE
12-04-2023 /True Copy/ Assistant Registrar
