SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Online)(KER) 8431

HIGH COURT OF KERALA
C.S. DIAS, J
R. GOPAKUMARAN PILLAI – Appellant
Versus
SREEKRISHNA VILASAM CHIT FUNDS CHAVARA PVT. LTD – Respondent


Advocates:
Harish Gopinath, C.C. Bindhya, Abdul Jawad K, A. Grancy Jose (K/1204-M/2010)

J U D G M E N T

The original petition is filed, interalia, to permit the petitioner to pay off the entire decree debt in E.P. No. 69/2019 in Award No. C 4-6473/2017 of the Court of the Munsiff, Karunagappally, in equated monthly installments.

2. The concise case of the petitioner in the original petition is that, he is the principle debtor in a chitty transaction with the 1st respondent. The respondents 2 to 4 are the guarantors of the petitioner. Since the petitioner defaulted in payment of the installments, the 1st respondent had initiated proceedings under Chit Funds Act . and Ext.P1 award was passed. The 1st respondent has laid the award to execution by filing EP No. 69/2019. Presently, the court below has passed Ext.P4 order attaching the salary of the 3rd respondent. The petitioner is prepared to pay off the entire decree debt in the execution petition in instalments. Hence, the original petition.

3. Heard; Sri. Harish Gopinath, the learned counsel appearing for the petitioner and Sri. Abdul Jawad K, the learned Counsel appearing for the respondents.

4. Sri. Harish Gopinath, the learned counsel for the petitioner submitted that the petitioner is prepared to pay off the decree de

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top