High CourtsSingle Bench(2010) 06 KL CK 0087

Jayaprakasan vs The District Collector, The Deputy Tahsildar (RR), The Village Officer and The Federal Bank Ltd.

High Court Of Kerala · Decided on 2 June 2010 · Citation: (2010) 3 RCR(Civil) 538

HON’BLE JUDGES
P.R. Ramachandra Menon, J
CASE NUMBER
Writ Petition (C) No. 11341 of 2010 (P)

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Judgment

7 paragraphs · 303 words

P.R. Ramachandra Menon, J.—The petitioner has approached this Court seeking for the following reliefs:

i) Issue an appropriate writ, order or direction commanding the respondents to provide reasonable time to the petitioner to liquidate the liability covered by Exts. P3 and P4 and to keep in abeyance the recovery proceedings initiated against the petitioner in the interest of justice. Seek and this to

ii) pass any such or further orders as the petitioner may Hon''ble Court deem fit to grant.

2.

When the matter came up for consideration on 31.3.2010, coercive steps were intercepted on condition that the petitioner deposited a sum of Rs. 10,000/- on or before the 20th of April, 2010 and another Rs. 10,000/- on or before the 20th of May, 2010.

3.

The learned Counsel for the petitioner submits that the condition has been complied with and the remaining liability will come nearly Rs. 26,737/-. The learned Counsel further submits that the petitioner does not intend to press any of the grounds raised in the Writ Petition except for praying to provide some breathing time to clear the liability.

4.

After hearing both the sides, this Court finds it fit and proper to permit the petitioner to clear the liability by way of `three'' equal monthly instalments; the first of which shall be effected on or before the 20th of June, 2010; to be followed by similar instalments to be effected on or before the 20th of the succeeding months. Subject to this, all further coercive proceedings shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will open to the respondents, to proceed with appropriate steps for realisation of the entire amount in a lump sum.

The Writ Petition is disposed of.