M JAYAPRAKASH Vs. HMT LTD LAMPS DIVISION

JUDGEMENT

(1.) THE judgment debtor Nos. 2 and 4 in execution of a money decree challenge the order of the court below whereby they were ordered to be arrested and detained in civil prison. THE plea of 'no means' raised by them has been turned by the execution court for valid reasons. THE very same order of the execution court was earlier impugned by the first judgment debtor partnership firm in W.P(C)No.19320 of 2006. This Court dismissed the Writ Petition by judgment dated 20-3-2007 interalia observing as follows:

(2.) THE present original petition filed by judgment debtor Nos. 2 and 4 is also bereft of any merits. THE Accounts Officer of the decree holder company has been examined as PW1 on the basis of Ext.A1 authorisation letter. But no evidence either oral or documentary was adduced by judgment debtor Nos. 2 and 4. I find from the proceedings of the execution court that sufficient and more opportunity was afforded to the judgment debtors. But still they did not chose to produce the relevant records from their custody. Ext.A3 partition deed reflected that the second judgment debtor has 75% share in the land and building where the partnership firm is functioning. It is the specific case of the decree holder company that the second judgment debtor is getting Rs.40,000/-(Rupees forty thousand only) per month as income on a modest estimate. THE second judgment debtor is also an active member of the trading community. THE second judgment debtor is a member of the Merchant Association of Thrissur . THE second judgment debtor is also the Vice President of the Kerala State Vyapari Vyavasayi Ekopana Samithi. THE first judgment debtor firm is located at High Road which is one of the busiest places in Thrissur town. THE finding of the court below that the second judgment debtor is possessed of sufficient means is rested on evidence.