Flexibility in payment arrangements in execution proceedings is permissible to promote justice and facilitate debt recovery.

Order dated 17.02.2021 in E.P.No.197/2018 on the file of the Principal Munsiff Court-I, Kozhikode is under challenge.

2. In fact, as per the order impugned, the learned Executing Court issued warrant of arrest against the judgment debtor on the finding that he had the means to pay the recovery debt. However, when this matter has been considered by this Court, the petitioner/ judgment debtor expressed his willingness to pay the amount by instalments.

3. Rs.1,00,000/- was paid earlier. It is submitted by the learned counsel for the petitioner that as agreed earlier, Rs.1,00,000/- being paid today (20.12.2021). These submissions recorded in the presence of counsel for the respondent/decree holder.

Decree holder also is amenable for instalment prayer.

4. When analysing the crux of this dispute, what the petitioner/judgment debtor requires is to clear off the debts by paying the decree debt by instalments. Even though grant of instalment is not strictly the rule of law, as a practical measure and to facilitate payment of decree debt by the judgment debtor in a feasible manner, I am inclined to grant instalment facilities to the petitioner/ judgment debtor. It is submitted by the learned counsel for the petitioner that the petitioner will pay the amount within 15 months at the rate of Rs.1,00,000/- each per month. This submission is recorded.

5. Accordingly, it is ordered that the revision petitioner shall pay Rs.1,00,000/- each starting from 22.01.2022 onwards for a period of 15 months and discharge the liability as agreed. Accordingly, the order issuing warrant against the petitioner is kept in abeyance until the payment is effected.

6. It is made clear that if the petitioner/judgment debtor fails to deposit the amount as agreed, the stay will automatically stand vacated on failure to pay the amount as agreed, even for one month. To be more vivid, default in paying one instalment is a reason to revive the order issuing warrant.

7. Though it is submitted by the learned counsel for the petitioner further that there is a finding by the Execution Court to proceed under Section 340 Cr.PC, I am not inclined to revisit the order. However, I make it clear that if the subject matter of dispute in the matter of payment of money is amicably settled as offered, the Execution Court may think of dispensing proceedings under Cr.PC to give finality to the dispute.

It is specifically ordered that the amount agreed to be paid by instalment shall be effected as far as possible by paying the amount directly to the learned counsel for the decree holder or the decree holder and the judgment debtor shall file memo showing payment of the same before the Executing Court to record the payment accordingly.

Sd/-

A.BADHARUDEEN, JUDGE.

ww APPENDIX OF OP(C) 680/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RESPONDENTS EXECUTION PETITION BEFORE THE PRINCIPAL MUNSIFF COURT-I, KOZHIKODE DATED 23.10.2018.

EXHIBIT P2 TRUE COPY OF THE PETITIONERS COUNTER DATED 17.01.2019.

EXHIBIT P3 TRUE COPY OF THE ORDER E.P.NO.197/2018 OF PRINCIPAL MUNSIFF COURT, KOZHIKODE DATED 17.02.2021.