AI Structured Summary
Not yet generated for this judgment
Judgment
Devan Ramachandran, J
The limited plea of the petitioners is that the 3rd respondent be directed to allow them to pay off the amounts reflected in Ext.P3, or such other amounts as are to be properly quantified, in installments.
Sri.Mohammad Salahudheen – learned counsel for the petitioners, submits that his clients are going through extreme financial crisis, which has been exacerbated on account of the COVID-19 pandemic disruption; and therefore, that if coercive action pursuant to Ext.P3 is taken forward, without affording them an opportunity of being able to pay off the liability in installments, it will cause irreparable prejudice and may destroy them. He thus reiteratingly prayed that the 3rd respondent be directed to regularize the loan account of the 1st petitioner and allow him to pay off the overdue amounts in installments.
Pertinently, even though a learned counsel had appeared for the 3rd respondent earlier, he has now informed the Registry that he is not appearing for them any further. There is no new engagement on behalf of the 3rd respondent, though this matter has been adjourned repeatedly in the past for such purpose, nor are they present in person today. In such circumstances, I am constrained to dispose of this Writ Petition in their absence.
Taking note of the specific submissions of the learned counsel for the petitioners, I dispose of this Writ Petition with the following directions:
(a) The petitioners will be at liberty to approach the 3rd respondent with an appropriate representation, impelling every claim and plea as he may be entitled to; and if this is done within a period of one month from the date of receipt of a copy of this judgment, same shall be considered by it, after affording them an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.
(b) Needless to say, until such time as the afore is done and the resultant order communicated to the petitioners, all coercive action now being proceeded against them shall stand deferred and will be taken forward only after such decisions are arrived at; however, following due procedure.