Kerala High Court
A.V. Shaji vs Sanghamam Multi State Co-Operative ... on 3 October, 2024
2024:KER:73481
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(C) NO. 1733 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN ARC NO.130 OF 2019 OF
DISTRICT COURT & SESSIONS COURT,KOTTAYAM
PETITIONERS:
1 A.V. SHAJI
AGED 52 YEARS
S/O. VISWANATHAN, ALAKKAL HOUSE, THALAPALAM, PLASSANAL
P.O., ERATTUPETTA, KOTTAYAM DISTRICT, PIN - 686579
2 K.K. KABEER
AGED 47 YEARS
S/O. KHANI RAWTHER, KOLLAMPARAMBIL HOUSE, SHIFA MEDICAL
STORE, CENTRAL JUNCTION, ERATTUPETTA, KOTTAYAM
DISTRICT, PIN - 686579
BY ADVS.
GEORGE MATHEW
SUNIL KUMAR A.G
ELSA DENNY PINDIS
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENT:
SANGHAMAM MULTI STATE CO-OPERATIVE CREDIT SOCIETY LTD
(REG. NO. MSCS/CR/ 547/2012) ERATTUPETTA BRANCH, REP.
BY ITS ERATTUPETTA BRANCH MANAGER, MR. FENIL C.A., AGED
28 YEARS, S/O. ABDULKAREEM, UDUMBANNOOR KARA,
UDUMBANNOOR VILLAGE, THODUPUZHA, IDUKKI DISTRICT, PIN -
OP(C) No. 1733 of 2024 :2:
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685595
BY ADVS.
ABDUL RAOOF PALLIPATH
E.MOHAMMED SHAFI(K/1057/1993)
PRAJIT RATNAKARAN(K/497/1995)
KRISHNAPRIYA R.(K/001169/2023)
SITHARA RAHEEM V.K.(K/1270/2023)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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VIJU ABRAHAM , J.
===========================
OP(C) No. 1733 of 2024
============================
Dated this the 3rd day of October, 2024
JUDGMENT
Petitioners have approached this Court seeking to set aside
Ext.P6 order dated 12.06.2024 and Ext.P8 order dated 04.07.2024
by the Additional District-IV, Kottayam in EP No.404 of 2022.
2. When the matter came up for consideration on
08.08.2024, this Court passed an interim order staying the further
proceedings in the execution petition on condition that the
petitioners deposit an amount of Rs.75,000/-.
3. Both sides submit that the said amount had been
deposited. The learned Counsel appearing for the respondent would
submit that they will not stand in the way in permitting the
petitioners to pay the amount in equal monthly instalments.
Therefore, the original petition is disposed of as follows:
Petitioners shall pay the decree debt in 15 equal monthly
instalments starting from 02.11.2024 and continue to pay the same
on 2nd of every month. If any of the instalment is defaulted, the
respondent will be free to proceed with the execution petition. The
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respondent is free to withdraw the amount deposited as per the
interim order dated 08.08.2024.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
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APPENDIX OF OP(C) 1733/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF AWARD DTD. 21.01.2020 IN
A.R.C. MS. NO. 130 OF 2019 PASSED JOINT
REGISTRAR (RETD.), ARBITRATOR FOR MULTI
STATE CO-OPERATIVE SOCIETIES, KERALA STATE
Exhibit P2 TRUE COPY OF PETITION IN E.P. NO. 404 OF
2022 IN ARC MS NO.130 OF 2019 DTD.
18.01.2021 OF THE ADDL. DISTRICT COURT -
IV
Exhibit P3 TRUE COPY OF AFFIDAVIT FILED BY DECREE
HOLDER DTD.16.01.2021 IN EXT.P2
Exhibit P4 TRUE COPY OF OBJECTION DTD. NIL FILED BY
PETITIONER IN EXT.P2
Exhibit P5 TRUE COPY OF DEPOSITION DTD. 30.08.2022 IN
EXT.P2
Exhibit P6 TRUE COPY OF ORDER DTD. 12.06.2024 PASSED
BY THE ADDITIONAL DISTRICT JUDGE - IV,
KOTTAYAM IN E.P. NO. 404 OF 2022
Exhibit P7 TRUE COPY OF PETITION IN E.P. NO. 404 OF
2022 IS 25.06.2024
Exhibit P8 TRUE COPY OF ORDER DTD. 04.07.2024 OF
ADDITIONAL DISTRICT JUDGE-IV, KOTTAYAM IN
E.P. NO. 404 OF 2022
