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2021 Supreme(Online)(KER) 26955

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SHIHAB – Appellant
Versus
SHRIRAM TRANSPORT FINANCE CO.LTD – Respondent


Advocates:
SRI.PRATHEESH.P, SMT.ANJANA KANNATH, SMT.T.S.SREEKUTTY

O R D E R

This Revision Petition has been filed against order dated 17.11.2021 in E.P.No.1232/2017 in Arbitration case No.876/2012 on the file of Additional District Court-IV, Kollam. Revision petitioner is the 2nd judgment debtor in the above Execution Proceedings.

2. According to the learned counsel for the revision petitioner, the learned District Judge, in the execution of the award passed by the Arbitrator, ordered arrest warrant against the revision petitioner though no documents or convincing evidence placed by the decree holder to substantiate the fact that the revision petitioner is having sufficient means and is capable of paying the decree debt. It is highlighted by the learned counsel for the revision petitioner further that in paragraph No.4, the learned District Judge relied on evidence of PW1 stating that the revision petitioner has been in occupation of landed property and house. That apart he owns many vehicles and is getting Rs.25,000/- every month as rent of the vehicles. But no materials let in this regard.

3. On perusal of the order, the evidence given by PW1 in this regard, alone was taken into consideration by the learned District Judge.

4. The decree sought to

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