Anil.P.Menon vs M/S Maben Nidhi Limited
2023 Latest Caselaw 3250 Ker

OP(C) NO. 508 OF 2023
                                     1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                         OP(C) NO. 508 OF 2023
   AGAINST THE ORDER/JUDGMENT IN EP 287/2018 OF ADDITIONAL
                SESSIONS COURT(ADHOC) III, THRISSUR
PETITIONER/S:

 1 ANIL.P.MENON, AGED 58 YEARS, S/O.PADMANABHA MENON
   MADHURAYIL, KUZHUR.P.O, KAKKULLISSERY, THRISSUR, PIN -
   680734

 2 JOHNSON.A.C, AGED 68 YEARS, S/O. CHACKKU, AINIKKAL VEEDU,
   KUNDOOR P.O. THRISSUR, PIN - 680734

 3 MARY JOHNSON, AGED 58 YEARS, W/O.JOHNSON, AINIKKAL VEEDU,
   KUNDOOR P.O. THRISSUR, PIN - 680734

     BY ADVS.
     SANIL KUNJACHAN
     ARTHUR B. GEORGE


RESPONDENT/S:

   M/S MABEN NIDHI LIMITED, REGISTERED OFFICE AT NO.V/421,
   NEAR HIGH SCHOOL JUNCTION, VALAPAD,P.O, THRISSUR- REP. BY
   ITS LEGAL MANAGER, ARUNLAL.A.H, 40 YEARS,
   S/O.M.K.HARIHARAN, ARAKKAPARAMBIL HOUSE, IRUMPANAM.P.O,
   ERNAKULAM, PIN - 682309

     BY ADVS.
     Unniraj VB
     R.S.GEETHA(K/953/1989)
     K.SEEMA(S-1334)
     P.ANITHA(K/76/2011)


     THIS     OP    (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
23.03.2023,     THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 508 OF 2023
                               2

                          JUDGMENT

The original petition is filed to call for the records in

EP No.287/2018 and to set aside Ext.P4 sale notice

issued by the Court of the Additional District Judge III,

Thrissur

2. When the original petition came up for admission,

Sri.Sanil Kunjachan, the learned Counsel appearing for

the petitioners submitted that the petitioners are limiting

their prayer to pay off the decree amount in EP

No.287/2018 in equated monthly installments.

3. On the basis of the above submission, this Court

by order dated 24.02.2023, stayed the execution

proceeding on condition that the petitioners deposit an

amount of Rs.2,50,000/- (Rupees Two lakh fifty thousand

only) before the court below within 30 days.

4. Sri. V.B.Unniraj, the learned Counsel appearing

for the respondent, on instructions, submitted that the

petitioners have complied with the above order. The OP(C) NO. 508 OF 2023

respondent has no serious objection in the petitioners

paying off the balance decree debt in 4-5 monthly

installments.

5. On an evaluation of the pleadings and materials

on record and taking into consideration the limited relief

prayed by the petitioners to pay off the decree amount in

equated monthly installments, I am inclined to take a

lenient view in the matter by exercising the discretionary

powers of this Court under Article 227 of the

Constitution of India and permitting the petitioners to

pay off the balance decree amount in installments, which

would give finality to the litigation and also do complete

justice to both sides.

Resultantly, I dispose of the original petition as

follows:

(i) The Court of the Additional District Judge-III,

Thrissur is directed to suspend further

proceedings in EP No.287/2018.

OP(C) NO. 508 OF 2023

(ii) The petitioners are permitted to pay off the

balance decree amount in EP No.287/2018, after

deducting Rs.2,50,000/- (Rupees Two lakh fifty

thousand only) already deposited, in 12 equated

monthly installments commencing from

02.05.2023.

(iii) If the petitioners commit default in the payment

of two consecutive installments, the court below

is directed to revive EP No.287/2018, from the

stage it has been stopped, and proceed with the

same in accordance with law and bring it to its

logical conclusion as expeditiously as possible.

(iv) As and when the petitioners deposit the

installments as directed by this Court, the same

shall be released to the respondent in accordance

with law.

Sd/-

C.S.DIAS JUDGE rkc/23.03.23 OP(C) NO. 508 OF 2023

APPENDIX OF OP(C) 508/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE ARBITRATOR IN ARB. C.P.NO 111/2016 DATED 16-12-2017

Exhibit P2 TRUE COPY OF THE PETITION E.P.NO.

287/2018 IS PRODUCED BEFORE THE ADDITIONAL DISTRICT COURT-3 THRISSUR, DATED 25/5/2018.

Exhibit P3 TRUE COPY OF THE EXECUTION APPLICATION IN EA.NO. 520/18 PRODUCED BEFORE THE ADDITIONAL DISTRICT COURT-3 THRISSUR, DATED 25/5/2018.

Exhibit P4 TRUE COPY OF THE SALE NOTICE DATED 31-01-

2023 ISSUED BY THE ADDITIONAL DISTRICT COURT-ILL, THRISSUR