IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 9031 of 2011(D) ------------------------- PETITIONER(S): --------------- 1. M/S.FIESTA FOODS,REP.BY ITS PROPRIETOR K.G.SUDEEP,DOOR NI.1/350,A POOKODE PANCHAYATH, THOZHIYUR PO, PIN 680 520,KUNNAMKULAM(VIA), THRISSUR DISTRICT. 2. SUDEEP.K.G.,AGED 42, S/O.GOPALAN.K.M, PROPRIETOR ,M/S.FIESTA FOODS,KARANAMKOTE HOUSE, THOZHIYUR PO, PIN 680 520,KUNNAMKULAM(VIA), THRISSUR DISTRICT. 3. DEEPAK.K.G,AGED 39,S/O.GOPALAN.K.M, KARANAMKOTE HOUSE, THOZHIYUR PO, PIN 680 520, KUNNAMKULAM(VIA), THRISSUR DISTRICT. 4. SUNIL KUMAR.K.G,AGED 45, S/O.K.M.GOPALAN,KARANAMKOTE HOUSE, THOZHIYUR PO, PIN 680 520,KUNNAMKULAM(VIA),THRISSUR DISTRICT. BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): --------------- 1. DEPUTY TAHSILDAR(REVENUE RECOVERY), OFFICE OF THE DEPUTY TAHSILDAR,(REVENUE RECOVERY), CHAVAKKAD,THRISSUR DISTRICT,PIN 680 506. 2. THE SENIOR MANAGER, SYNDICATE BANK, KUNNAMKULAM BRANCH,THRISSUR DISTRICT,PIN 680 503. 3. STATE OF KERALA, REP.BY SECRETARY TO THE GOVERNMENT, DEPT.OF REVENUE RECOVERY, GOVT.SECRETARIAT,THIRUVANANTHAPURAM-1. BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI.R.S.KALKURA – SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.9031 of 2011-D ---------------------------------------- Dated this the 2nd day of June, 2011. J U D G M E N T Revenue recovery steps initiated pursuant to Exts.P5 and P6 notices for realising amounts due from the petitioners to the 2nd respondent Bank under a loan account, is the subject matter of challenge in this writ petition. Eventhough various contentions are raised, I find no legally tenable grounds to hold that the petitioners are not liable for payment of the amounts under demand. 2. However, by virtue of an interim order issued, the coercive steps of recovery was stayed, subject to condition of the petitioner remitting a sum of Rs.2 lakhs. It is reported that the amount stipulated has already been paid. It is evident from Ext.P5 that the total demand is for a sum of Rs.6,31,944/- along with interest due thereon from 1.2.2011 onwards. Learned counsel for the petitioners made a plea to permit payment of the balance amount in a phased manner, within a reasonable time, subject to their W.P(C) No.9031 of 2011-D 2 liberty to approach the 2nd respondent Bank seeking one time settlement by waiver of amounts to the possible extent. 3. Eventhough interference on merits is not warranted, I am of the view that the petitioners can be permitted to wipe off the liability by paying the balance amount in instalments within a reasonable time. 4. Therefore, the writ petition is disposed of directing the respondents to keep in abeyance all further coercive steps of recovery initiated pursuant to Exts.P5 and P6, subject to condition of the petitioners remitting the entire balance outstanding along with interest and expenses if any due, in 5 (five) equal monthly instalments, falling due on or before 30.6.2011 and on or before the last day of succeeding months. 5. It is made clear that the petitioners will be at liberty to approach the 2nd respondent seeking 'one time settlement' on the basis of waiver of amounts to the possible extent. It is further made clear that the directions contained herein above will not stand in the way of the 2nd W.P(C) No.9031 of 2011-D 3 respondent considering such request and taking any favourable decision. 6. It is made clear that on the event of default in payment of any one of the instalments as stipulated above the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to condition that the petitioner is precluded from raising any subsequent challenge against the recovery proceedings. C.K.ABDUL REHIM JUDGE ab