C.M.David vs Canaan Kuries And Loans (P) Ltd
2023 Latest Caselaw 5007 Ker

OP(C) No.947/2023                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE C.S.DIAS
            Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
                               OP(C) NO. 947 OF 2023
                 EP 149/2019 IN OS 58/2016 OF SUB COURT, THRISSUR
   PETITIONER/PETITIONER/JUDGMENT DEBTOR/1ST DEFENDANT:

          C.M.DAVID, AGED 45 YEARS, S/O CHALISERRY MICHAEL; RESIDING AT:
          KUNNTHUMAKARA DESOM, OLLUKARA VILLAGE, THRISSUR, PIN - 680655.

   RESPONDENTS/RESPONDENT/DECREE HOLDER/PLAINTIFF:

          CANAAN KURIES AND LOANS (P) LTD., SITUATED AT: CHEMBUKAVU VILLAGE,
          THRISSUR, PIN - 680001


        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
   the arrest warrant issued against petitioner in Exhibit P1 application
   till the disposal of this 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.SAMEER M NAIR, MANU RAMACHANDRAN, M.KIRANLAL, R.RAJESH (VARKALA),
   GEETHU KRISHNAN, SAILAKSHMI MENON & ABHISHEK JOHNSON, Advocates for the
   petitioner, the court passed the following:




                                                                         (P.T.O)
 OP(C) No.947/2023                              2/3



                                       C.S DIAS,J.
                                   ---------------------------
                                O.P (C)No.947 of 2023
                                  -----------------------------
                             Dated this the 13th April, 2023

                                                ORDER

Issue urgent notice before admission by speed post to

the respondent.

On a consideration of the pleadings and materials on

record and taking into account the submission made by the

learned counsel appearing for the petitioner that the

petitioner's limited relief is only to pay off the decree amount

in equated monthly installments, I am inclined to pass a

conditional interim order. Hence, I stay all further

proceedings in E.P. No.149/2019 in O.S No.58/2016 of the

Court of the Subordinate Judge, Thrissur, until 31.5.2023, on

condition that the petitioner deposits an amount of

Rs.1,00,000/- (Rupees One lakh only) before the Execution

Court within a period of thirty days from today. If the said

amount is deposited, the same shall be released to the

respondent, in accordance with law.

           ma/13.4.2023                               Sd/-    C.S.DIAS, JUDGE




13-04-2023                       /True Copy/                         Assistant Registrar
 OP(C) No.947/2023                    3/3

                      APPENDIX OF OP(C) 947/2023

Exhibit P1          A TRUE COPY OF THE E.P NO. 149 OF 2019 IN O.S. NO. 58

OF 2016 DATED:04.12.2019 FILED BEFORE HON'BLE SUB COURT THRISSUR

13-04-2023 /True Copy/ Assistant Registrar