IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 26966 of 2006(I) -------------------------------------- PETITIONERS: --------------------- 1. MANOJ.S.PILLAI, AGED 33, SADASIVAN PILLAI, MANU NIVAS, PAYIPPAD VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. VIJAYAMMA.S.PILLAI, AGED 59, W/O.SADASIVAN PILLAI, MANU NIVAS, PAYIPPAD VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. MR.JOSEPH GEORGE. RESPONDENTS: ------------------------ 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, REG.OFFICE, BHADRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR. 2. THE REGIONAL MANAGER, K.S.F.E. LTD., KOTTAYAM. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LTD., KOTTAYAM. 4. THE BRANCH MANAGER, KSFE LTD., VENGAL BUILDINGS, CROSS JN., THIRUVALLA, PATHANAMTHITTA DISTRICT. R1, R2 & R4 BY MR.K.S.HARIHARAPUTHRAN, SC,K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No.26966 OF 2006 ......................................................................... Dated this the 30th June, 2009 J U D G M E N T The coercive proceedings stated as being pursued at the instance of the respondents, when the petitioners turned to be defaulters under the various 'chitties' ( about 10 chitties) was sought to be intercepted by filing this Writ Petition in October 2006, whereby such coercive steps were intercepted as an interim measure. The interim order passed by this Court expired in the meanwhile, pursuant to which the petitioners filed I.A.No. 17426 of 2006, wherein an order was passed on 15.12.2006, reviving and extending the stay on condition that the petitioners remitted a sum of Rs. Two lakhs within the time as specified. It is brought to the notice of this Court that the petitioners could not remit the amount within the time prescribed and hence the interim order was not extended any further. The learned Counsel for the petitioners submits that the petitioners however W.P.(C) No.26966 OF 2006 2 have honoured their commitment and the sum of Rs.Two lakhs has been paid, though belatedly. The limited prayer now pressed for in the Writ Petition is only to enable the petitioners to clear the entire liability by providing reasonable installments. 2. Heard the learned Standing Counsel for the respondents as well. 3. It is to be noted that the specific prayer raised by the petitioners at Sl.No.(iii) was to have permission to clear the liability in 20 equal monthly installments commencing from 1st November, 2006. In place of the request for time to clear the liability spreading over 20 months, the petitioners have already obtained more than 30 months and as such, nothing survives to be considered in the present Writ Petition. However, in view of the persuasive submissions made from the part of the learned Counsel for the petitioners stating that, despite all the adverse circumstances, the petitioners are taking earnest efforts to clear the entire liability, requesting to grant some breathing time, this Court finds it fit and proper to permit the petitioners to clear the entire liability as aforesaid within a period of six months, W.P.(C) No.26966 OF 2006 3 effecting the same by way of six monthly installments. The first installment shall be of Rs. 1.5 lakhs, which shall be effected on or before 30.07.2009 and the balance amount shall be remitted by way of five equal monthly installments to be effected on or before the 30th of the succeeding months. The respondents shall furnish a statement as to the balance amount to be cleared by the petitioner immediately upon remitting the first installment of Rs.1.5 lakhs, as aforesaid. It is made clear that if any default is committed from the part of the petitioners in remitting the installments as above, the respondents will be at liberty to proceed against the petitioners for realisation of the entire amount in a lump sum, by pursing further steps from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk