IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 143 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36271/2009 Dated 16/12/2009 .................... APPELLANT(S): PETITIONER ------------------------ M/S.RAJAGOPAL TEXTILE MILLS PRIVATE LTD, P.B.NO.,404, MULAKUNNATHUKAVU, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENT(S): RESPONDENTS -------------------------- 1. EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE AT 'PANCHDEEP BHAVAN', NORTH SWARAJ ROUND, PB.NO.2, TRICHUR-680 020. 2. THE RECOVERY OFFICER, REGIONAL OFFICE, EMPLOYEES STATE INSURANCE CORPORATION, 'PANCHDEEP BHAVAN', NORTH SWARAJ ROUND, PB.NO.2, TRICHUR-680 020. ADV.SRI.P.SANKARANKUTTY NAIR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.143 of 2010 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. The appellant is the writ petitioner. It is a private limited company, which is running a factory, manufacturing textile goods. It is in default to the first respondent, Employees State Insurance Corporation. Coercive steps were taken by the respondents against the appellant to recover the amounts due to the Corporation. In that context, the writ petition was filed. 2. The learned Single Judge directed that at first, the properties of the appellant may be brought to sale and if the amounts due to the first respondent could not be recovered by the same, the learned Judge ordered that the Directors of the appellant may be arrested and detained. Challenging the said judgment, the Writ Appeal is preferred. 3. The learned counsel for the appellant prayed for providing instalment facility to pay the amount due. According to him, the Company is in the red. Unless instalment facility is provided, it may not be able to repay the amount and salvage its establishment. The learned Standing Counsel for the WA NO.143/2010 2 respondents fairly submitted that this Court may pass appropriate orders, in its discretion, concerning instalment facility. 4. Having regard to the facts of the case, the appellant is permitted to pay 50% of the amount on or before 4.3.2010. The balance amount shall be paid in five equal monthly instalments, the first instalment starting on 4.4.2010. If any default is committed, the facility provided in this judgment to pay the amounts in instalments, shall stand vacated. Needless to say, in that event, the judgment of the learned Single Judge will operate. The Writ Appeal is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.143 of 2010 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.