2013 (6) TMI 196 - HC - Indian Laws

Kerala High Court: Consider Debtor's Objection Before Disbursing Payment

The High Court of Kerala directed the executing court to consider the judgment debtor's objection regarding the attachment of a certain amount before ... Execution proceedings - attachment of funds - objection to disbursement - right to be heard before disbursementObjection to disbursement - right to be heard before disbursement - Objection by the judgment debtor that the amount claimed has already been paid must be considered by the executing court before disbursing attached funds. - HELD THAT: - Petitioner challenged orders of attachment on the ground that no further amount was due to the decree-holder as full satisfaction had been recorded in the execution petition. The court observed that where such an objection is raised, the executing court is obliged to consider the objection and record an appropriate decision on it prior to releasing or disbursing the attached amount. The matter was not finally determined by this Court; instead, the executing court is directed to examine Ext.P3 (the objection) and pass orders thereon before any disbursement pursuant to the orders of attachment is effected. [Paras 3]Executing court directed to consider the petitioner's objection (Ext.P3) and pass appropriate orders thereon before disbursing the attached amount pursuant to Exts.P1 and P2.Final Conclusion: Original petition disposed of by directing the executing court to consider the petitioner's objection and decide it before disbursing the attached amount. The High Court of Kerala issued a judgment in a case involving the attachment of a certain amount from a judgment debtor. The debtor challenged the orders of attachment, claiming that the entire amount due had already been paid. The court directed the executing court to consider the debtor's objection before disbursing the amount to the respondent. The Original Petition was disposed of accordingly.