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2021 Supreme(Ker) 344

SUNIL THOMAS
Kakkoor Service Co-Operative Bank Ltd. – Appellant
Versus
Jinu Augustine, S/O. Augusty – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.M.M.Monaye, Shri.M.Paul Varghese, Advs.
For the Respondent: Sri.P.M.Sebastian, Kum. K. Remiya Ramachandran, Sri.Philip Antony Chacko, Advs.

JUDGMENT :

The contempt petitioner is a cooperative bank limited. One Jinu Augustine had availed several loans from the above cooperative bank. There were two other transactions, in which Jinu Augustine along with one Aji Sebastian and one Varkey had also entered into loan transactions. Since default was committed by the subscribers, separate A.R.Cs were filed as ARC.Nos.1349 of 2010, 1343 of 2010, 362 of 2011, 1348 of 2010, 1345 of 2010 and 1342 of 2010 respectively. Awards were passed in favour of the cooperative society as against Jinu Augustine separately in few cases and in combination with Aji Sebastian in A.R.C.No.362 of 2011 and with Varkey in A.R.C.No.1348 of 2010. In execution of the award, E.P.Nos.11/2014, 7/2014, 14/2014, 15/2014, 9/2014, 8/2014 and 10/2014 were filed before the Munsiffs court, Muvattupuzha. In A.R.C.No.1345 of 2010 in E.P.No. 8 of 2014, the execution proceeding was dismissed and applications for condonation of delay and for restoration were filed. Those applications were allowed. In all other execution proceedings, warrants were issued in execution of the award after finding that the judgment debtors had sufficient means to discharge the decree debt. Ch

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