IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 29436 of 2010(D) ----------------------------------------- PETITIONER(S): ----------------------- P.C. VISWANATHAN, SEPOY, O/O. THE DEPUTY COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, ERNAKULAM I DIVISION, KOCHI-17. BY ADV. SMT.V.J.RUBY, SMT.V.K.REEBA. RESPONDENT(S): -------------------------- 1. THE MANAGER, PEOPLES URBAN CO-OP. BANK LTD., KATHRIKADAVU, 682 032. 2. ASST. REGISTRAR/SPECIAL SALE OFFICER, PEOPLE'S URBAN CO-OP. BANK LTD., NO.51, TRIPUNITHURA, 682 301. R1 BY ADV. SRI.T.A.RAJAN. R2 BY GOVT. PLEADER MR.C.K. GOVINDAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 29436 of 2010(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE E.A. DEMAND NOTICE DATED 06/09/2010. EXT.P2: COPY OF THE SALARY SLIP FOR THE MONTH AUGUST, 2010. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.29436 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 J U D G M E N T The petitioner has filed this writ petition challenging recovery proceedings initiated by the respondents for recovery of amounts due from the petitioner to the respondents. This Court passed the following order on 27.09.2010 as follows: “Issue notice on admission to the first respondent by speed post. Learned Government Pleader takes notice on admission on behalf of the second respondent. Ext.P1 dated 6.9.2010 would reveal that the amount demanded is Rs.76,080/-. As per Ext.P1, the petitioner was informed that in case of his failure to pay the amount demanded, steps would be taken to distrain the property belonging to the petitioner. Considering the submission made on behalf of the petitioner that till the entire amount demanded as per Ext.P1 could be remitted within a period of two months, I am inclined to pass an interim order. The respondents shall keep in abeyance all coercive steps pursuant to Ext.P1 for a period of three weeks. In the meanwhile, the petitioner shall pay an amount of Rs.25,000/- within two weeks from today.” Again, this court passed another order on 20.10.2010 as follows: “The learned standing counsel appearing for the 1st respondent submits that the petitioner has not complied with the conditions in the order dated 27.09.2010. In case, the petitioner fails to comply with the directions to effect the payment of Rs.25,000/- within a period of one week from today, the interim order will stand vacated.” W.P.(C)No.29436 of 2010 -2- The learned counsel for the petitioner is not present. The learned counsel for the 1st respondent opposes the prayers. He also submits that the petitioner has not complied with the interim orders. The interim order was passed on 27.09.2010 at which time the petitioner wanted only two months' time to pay off the amounts. Now it is almost a year and the petitioner has not even complied with the condition in the interim order. In the above circumstances, this court is not inclined to grant any further indulgence to the petitioner. Accordingly the writ petition is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/