Kerala High Court
State Of Kerala vs Malankara Rubber And Produce Company ... on 28 July, 2008
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1275 of 2002(B)
1. STATE OF KERALA.
... Petitioner
Vs
1. MALANKARA RUBBER AND PRODUCE COMPANY LTD
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.JOSEPH MARKOSE (SR.)
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :28/07/2008
O R D E R
HARUN-UL-RASHID, J.
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C.R.P No.1275 of 2002
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Dated this the 28th day of July 2008
ORDER
State of Kerala is the judgment debtor in E.P 4/2001 in L.A.R. 18/1986 on the file of the Sub Court, Thodupuzha. The execution court as requested by the decree holder ordered proclamation of sale of property attached belonging to the State. The said order is under challenge. It is submitted that the reference court by judgment dated 22- 8-1990 allowed the decree holder to realise additional solatium at the rate of 15% and 12% annuity for the compensation amount. The learned Government Pleader submitted that an amount of Rs. 91,419/- has been deposited on 27-6-1997 and subsequently an order was passed in the execution petition also. There is a dispute regarding the balance amount due to the decree holder. According to the decree holder there is huge difference between the amount to be realised by the decree holder and the statement of accounts filed on behalf of him by the judgment debtor/State. It is submitted by the learned Government Pleader that the balance amount payable to the decree holder has to be worked out on the basis of the decision of the Supreme Court in Sunder Vs. Union of India 2001 (3) KLT 489 SCC.
This Court on a perusal of records find that a portion of the decree amount has been deposited by the judgment debtor/State . In the light of C.R.P No.1275 of 2002 -2- the Supreme Court decision cited supra, a re-calculation of the amount paid under the decree is necessitated. Therefore both the decree holder and the judgment debtor/State shall submit their respective statements showing the amount due as per the decree passed. The execution court shall also consider the contention of the Government Pleader that a revised statement is necessary in view of the Supreme Court decision cited supra. After taking into account their respective contentions and statements the execution court/court below shall reconsider the matter and dispose of the E.P within a period of 4 months from the date of receipt of a copy of this order. This Civil Revision Petition is disposed of accordingly. There will be no order as to costs.
HARUN-UL-RASHID, JUDGE es