Case Summary
Calicut City Service Co-operative Bank Ltd filed an execution petition against Sukruth lal for non-payment of a decree amount. The court assessed whether the respondent had the means to pay the amount as per the decree.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed as the petitioner failed to prove that the respondent had the means to pay the decree debt. The respondent successfully established his claim of no means.
Key Reasoning:
The petitioner failed to convince the court that the respondent had sufficient means to pay the decree debt.
The petitioner failed to convince the court that the respondent had sufficient means to pay the decree debt.
Why Defendant Won:
The petitioner failed to convince the court that the respondent had sufficient means to pay the decree debt.
The petitioner failed to convince the court that the respondent had sufficient means to pay the decree debt.
Supporting Evidence
Hence I have no hesitation to hold that the petitioner miserably failed to convince the court that RW1 has sufficient means to pay the decree debt and that he is purposefully not paying the same.
Judgment Evidence:
In the result, EP is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Calicut City Service Co-operative Bank Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sukruth lal
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Copy of loan application of Sukruth Lal, Surety debt agreement entered into between Sukruth lal, Sibeesh and Akhil.
Defendants Documents
Nil.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Tension Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Shani.K.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Livins
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The execution petition for the arrest and detention of the respondent was sought.
Evidence:
Hence I have no hesitation to hold that the petitioner miserably failed to convince the court that RW1 has sufficient means to pay the decree debt and that he is purposefully not paying the same.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document was submitted by PW1 to demonstrate that the respondent had applied for a loan.
Reference:
Ext.A1
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
This document was referenced to establish the terms of financial obligation.
Reference:
Ext.A2
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
E.P.
Case Code Year
2023
Case Flags
Arrest Involved