IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WA.No. 89 of 2010 ------------------- AGAINST THE JUDGEMENT IN WPC.35736/2009 Dated 14/12/2009 .................... APPELLANT(S): ---------------------- M/S.D.C.GHOSE & COMPANY, P.O.BOX NO.5510, DCG BUILDING, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY SHRI ABHIJIT ROY, OFFICER IN CHARGE. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): ------------------------- 1. COCHIN PORT TRUST, REPRESENTED BY ITS SECRETARY, WILLINGDON ISLAND, COCHIN-682 003. 2. THE DEPUTY SECRETARY (ESTATE) COCHIN PORT TRUST, WILLINGDIN ISLAND, COCHIN-682 003. BY ADV. SHRI K. ANAND, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- WRIT APPEAL NO. 89 OF 2010 --------------------------------------------------- Dated this the 30th January, 2010 JUDGMENT K.M. Joseph, J. Appellant challenges the decision of the learned Single Judge by which the learned Single Judge has permitted the petitioner to remit the amounts due. The learned Single Judge has directed payment of Rs.4 Lakhs before the last working day of December, 2009 and the balance shall be paid in equal instalments of Rs.1 Lakh. 2. We heard the learned counsel for the appellant and also the learned counsel appearing on behalf of the respondent Port Trust. Learned counsel for the appellant submits that the appellant may be permitted to pay off the amount in six instalments. It is pointed out by the learned counsel for the respondents that the amount due is more than Rs.7,00,000/= WPC.89 OF 2010 2 (Rupees Seven Lakhs). He would further submit that the learned Single Judge has exercised his discretion and there is nothing for the Appellate Court to interfere. Learned counsel for the appellant would point out that the appellant is in deep financial distress and, therefore, instalment facility may be afforded. 3. After hearing the arguments, we feel that the appellant shall be permitted to pay off the entire amount in instalments. Accordingly, the Writ Appeal is disposed of permitting the appellant to pay off the entire amount due in four equal monthly instalments, the first of which shall be payable on or before 15.02.2010 and the remaining instalments on or before the 15th of every succeeding month. The respondent Port Trust will furnish a Statement to the appellant within one week from today showing the exact amount of instalments to be paid in terms of this Judgment. If the appellant pays the instalments in accordance with this Judgment, recovery steps will be kept in WPC.89 OF 2010 3 abeyance. However, if the appellant commits default in payment of any single instalment, the appellant will lose the benefit of this Judgment and the respondents will be free to proceed against the appellant in accordance with law. Needless to say, the amount will bear interest in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge