IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 21456 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ I.V. JAYARAJ, AGED 56 YEARS, S/O. LATE I.N. VIJAYAN, ILLATHU PARAMBU HOUSE, PADAMUGHAL, KAKKANAD. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM. 2. OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, COMPANY LAW BHAVAN, THRIKKAKARA, COCHIN-21. 3. SPECIAL DEPUTY TAHSILDAR, KANAYANNUR TALUK, KOCHI. R1 & R3 BY GOVT. PLEADER MR.BIJOY CHANDRAN, R2 BY ADV. MR.K. MONI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 21456 OF 2010 -------------------------------------------- Dated this the 12th day of July, 2010 JUDGMENT The petitioner who was a Managing Partner of the firm, along with another partner, had defaulted payments under some ‘chitty’ conducted by the Company by name ‘Walk-in Financial Services (P) Ltd.’ which went into liquidation in CP 9/2002. On finalization of the proceedings under the relevant provisions of the Companies Act, Ext.P1 demand was raised on the petitioner, followed by Ext.P2 demand notice under the Kerala Revenue Recovery Act, seeking to realize a total sum of Rs.65,492/- plus interest and collection charges. 2. The case of the petitioner is that, the plight of the petitioner is so pathetic that, the petitioner is not in a position to clear the entire liability in lump sum and seeks for indulgence of this Court by enabling the petitioner to clear the liability by way of reasonable instalments. 3. Considering the limited nature of the relief sought for, this Court finds it fit and proper to permit the petitioner to clear the liability under Exts.P1 and P2 in a phased manner. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- on or before the 30th of this month and the balance amount shall be cleared by way of ‘nine’ equal monthly instalments, the first of which shall be effected on or before the 30th of 2 WP(C) No. 21456/2010 August, 2010, to be followed by similar instlaments to be effected on or before the 30th of the succeeding months. Subject to his, the coercive steps stated as being pursued against the petitioner shall be kept in abeyance. If any default is committed by the petitioner in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum, by pursuing such steps from the stage where it stands now. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc