IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35736 of 2009(J) -------------------------- PETITIONER(S): --------------- M/S. D.C.GHOSE & COMPANY P.O.BOX NO.5510, DCG BUILDING WILLINGDON ISLAND, COCHIN 682 003 REPRESENTED BY SHRI ABHIJITT 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,WILLINGDON ISLAND, COCHIN 682 003. BY SC K ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO.35736 OF 2009 ............................................ DATED THIS THE 14TH DAY OF DECEMBER, 2009 JUDGMENT The petitioner occupies a premises of the Cochin Port Trust on lease. With the passage of time, the outstanding arrears of lease rent grew, that called for add ons like penal interest for short remittances, etc. Ext.P2 statement clearly shows the classification of the demand. I do not find any illegality, irregularity or impropriety in that demand. The principal amount due on lease rent upto 31.3.2009 is Rs.3,92,002/-. The penal interest for short remittances run to Rs.2,33,482/- and lease rent for the half year ending 30.9.2009 is Rs.67,523/-. This means that out of the total amount of Rs.6,93,007/-, demanded as per Ext.P2, the outstanding lease rent without any interest or penal interest itself comes to Wpc 35736/09 2 Rs.4,59,525/-. Having found against all other contentions, the learned counsel for the petitioner sought an opportunity for her client to pay off the outstandings in a few instalments. Taking that into consideration, it is ordered that if the petitioner remits an amount of Rs.4,00,000/- on or before the last working day of this month and the remaining amounts in equal instalments of Rs.1,00,000/- each on or before the last working day of every month commencing from January 2010 and thus liquidates the outstandings as per Ext.P2, distress action as per Ext.P2 will stand deferred. If there is any default in repayment of any of the instalments as aforesaid, the benefit of this judgment will stand recalled automatically. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/18/12