Mack, J.- This is an appeal by V.P. Madhavan Nambiar, second Judgment-debtor in E.P. 234 of 1951, against an order by the Principal Subordinate Judge of Kozhikode directing his arrest and commitment to prison, on findings that he dishonestly transferred, concealed or removed assets after the institution of the suit and furthermore, that he had means to pay at any rate a substantial portion of the decretal amount since the date of the decree.

The antecedent history is briefly this. The decree-holder is the Chaldean Syrian Bank, Ltd., who gave financial accommodation to a concern called United Merchants which commenced in 1948 and did business in timber, banking and so on. It fell into difficulties and the managing partner committed suicide in March, 1949. The appellant who was one of the partners filed an application, Exhibit A-1 for over-draft accommodation to the Chaldean Syrian Bank to the extent of Rs.50,000 on the strength of which the Bank Manager of the local branch gave the firm financial accommodation. According to the evidence of the Secretary of the Bank, P.W.1, the head office took exception to this and dismissed the Branch Manager from service. The decree under execution

Click Here to Read the rest of this document