High CourtsDivision Bench(2010) 10 KL CK 0265

N.D. Hamilton and Smt. Levis vs The Catholic Syrian Bank Ltd.

High Court Of Kerala · Decided on 26 October 2010

HON’BLE JUDGES
Thottathil B. Radhakrishnan, J · P. Bhavadasan, J
CASE NUMBER
F.A.O. No. 280 of 2010

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Judgment

9 paragraphs · 172 words

Thottathil B. Radhakrishnan, J.—Read the order dated 16.9.2010. Following that, the judgment debtors have provided with Fixed Receipt

of Rs. 8 lakhs in their name. In terms of what has been recorded in the order dated 16.9.2010, all that is required is that the amounts due to the

decree holder to settle the transaction is released and the property re-conveyed. To enable the aforesaid, we order the FAO as follows:

(i) The appellants will encash the aforesaid FD of Rs. 8 lakhs and pay it to the decree holder bank directly within three weeks from now.

(ii) On receipt of such amount, the decree holder bank will re

convey the property obtained by it under sale, to the judgment debtors at their expenses.

(iii) The bank will be eligible to obtain refund of the amount deposited by it before the court below as excess purchase amount. Such amount will

be released to the bank by the court below on satisfaction of conditions (i) and (ii) above.

2.

The appeal is ordered accordingly.