Manzoor vs M/S.Shriram Transport Finance

The impugned order is laconic and does not deal with the contentions urged by the parties. Whether the petitioner has the means to pay the decree debt has not been considered in the correct perspective.

2. I set aside Exts. P4 and P6 orders and remit the matter to the execution court for de-novo consideration. The parties shall appear before the execution court on 07.07.2014. The court of the IInd Additional District Judge of Kollam shall proceed with E.P. No. 81/2012 as per law. Fresh orders shall be passed within a period of four months from the date of production of this judgment.

The Original Petition is disposed of.

DCS V.CHITAMBARESH JUDGE