IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 17278 of 2010(H) -------------------------- PETITIONER(S): --------------- RAJEEV.A,S/O.AHUTHAN,LEELAYAM, ERANHOLI, THALASSERY,KANNUR DISTRICT. BY ADV. SRI.N.SHANOJ RESPONDENT(S): --------------- 1. THE TAHASILDAR,THALASSERY. 2. OFFICIAL LIAUIDATOR, HIGH COURT. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN O.L. SRI. K.MONI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 17278 OF 2010 -------------------------------------------- Dated this the 4th day of June, 2010 JUDGMENT The petitioner is aggrieved of the recovery proceedings that are being pursued as per Ext.P1, in respect of the dues to be cleared by the petitioner under some chitty transactions. 2. The learned counsel for the petitioner submits that the petitioner was a subscriber to the chitty run by the Company which was liquidated as per the order of this Court in the relevant Company petition. The Chitty was prized in favour of the petitioner; whereby the petitioner obtained a sum of Rs.70,000/-. Eventhough the due amount was being satisfied by the petitioner every month, it could not be continued further, because of some unforeseen circumstances; particularly the down fall in the business of the petitioner. The learned counsel further submits that the fixation of the liability as given in Ext.P1 is not correct or proper; however adding that the petitioner is now pressing only for giving some instalments to clear the entire liability in a phased manner. 3. Heard the learned standing counsel for the 2nd respondent and the learned Government Pleader for the 1st respondent as well. 4. Considering the particular facts and circumstances and taking note of the persuasive submissions made by the learned counsel for the 2 WP(C) No. 17278/2010 petitioner, the petitioner is permitted to clear the entire liability in Ext.P1 by way of ‘six’ equal monthly instalments, the first of which shall be effected on or before the 30th of this month, to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is also made clear that, if any default is committed by the petitioner in satisfying the liability as above, the respondent will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum, by pursuing such exercise from the stage where it stands now. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc