Case Summary
The case involves E 265 th Service Co-Operative Bank Marambilly as the decree holder and Anwar as the judgment debtor. The court ordered the remittance of Special Appeal and Temporary Appeal and issued a committal warrant for Anwar's incarceration.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Enforcement Proceedings
Final Judgment
No
The court has ordered the remittance of Special Appeal and Temporary Appeal and instructed to send the judgment debtor, Anwar, to prison for a duration of 3 months.
Why Plaintiff Won:
The judgment debtor did not express intent to file for insolvency, leading to the enforcement of the decree.
The judgment debtor did not express intent to file for insolvency, leading to the enforcement of the decree.
Losing Side's Weaknesses:
The judgment debtor did not express intent to file for insolvency, leading to the enforcement of the decree.
The judgment debtor did not express intent to file for insolvency, leading to the enforcement of the decree.
Supporting Evidence
But he did not stated that he is intenting to filed such petition. Hence DH shall remit SA and TA.
Judgment Evidence:
JD arrested and produced. He is informed about his right to be declared as insolvent. But he did not stated that he is intenting to filed such petition. Hence DH shall remit SA and TA. So as to sent the JD to prison (3 months as per order). Hence deposit SA and TA.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E 265 th Service Co-Operative Bank Marambilly
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Anwar
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.N Madhava Pai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Maitheen M. Pareeth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Imprisonment
Outcome:
Granted
Description:
Sent the Judgement Debtor to prison for 3 months.
Evidence:
So as to sent the JD to prison (3 months as per order).
Documents & Evidence
Case Classification
Case Type
Enforcement Proceedings
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between E 265 th Service Co-Operative Bank Marambilly vs Anwar regarding enforcement of decree.
Case Code Year
Case between E 265 th Service Co-Operative Bank Marambilly vs Anwar regarding enforcement of decree.
Case Flags
Imprisonment Involved
Arrest Involved
Imprisonment Duration
3 months