IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 25148 of 2010(P) ----------------------------------------- PETITIONER(S): -------------------------- SUNILKUMAR.K.K., S/O.SANKARA KURUP, SOUPARNIKA, (16/249), P.O.NADAKKUTHAZHAM, VATAKARA, KOZHIKODE. BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): --------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, (A GOVERNMENT OF KERALA ENTERPRISES), REGISTERED OFFICE, BHADRATHA, P.B.NO.510, MUSEUM ROAD, CHEMBUKKAVU, THRISSUR 680 020, REPRESENTED BY ITS CHAIRMAN. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, BRANCH OFFICE, NADAKKAVU BRANCH, KOZHIKODE- 673 006. 3. THE DISTRICT COLLECTOR, CIVIL STATION, CALICUT-673 006. R1 & R2 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE LTD. R3 BY SR. GOVERNMENT PLEADER SRI. C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25148/2010 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF NOTICE OF THE 2ND RESPONDENT DTD. 20/07/2010 FOR RS.1,25,000/-. P2: COPY OF CC.NO.136/2010 PENDING BEFORE JFCM IV, KOZHIKODE ALONG WITH THE SUMMONS. RESPONDENT'S ANNEXURES: ANNEX.R2(A)SERIES: COPIES OF THE CHITTY LOAN AGREEMENT DTD. 4/12/2007, PAN CARD, INCOME TAX RETURNS. ANNEX.R2(B)SERIES: COPIES OF THE NOTICES DTD. 31/07/2008, 30/10/2008, 23/09/2009, 16/11/2009. /TRUE COPY/ P.A.TO JUDGE Kss S.SIRI JAGAN, J. ================== W.P.(C).No. 25148 of 2010 ================== Dated this the 21st day of July, 2011 J U D G M E N T The petitioner challenges proceedings initiated by the respondents for recovery of the chitty amounts due from the petitioner to the 1st respondent-Kerala State Financial Enterprises. The petitioner does not dispute the liability to pay or the quantum. The petitioner only seeks facility to pay off the amounts due in instalments. 2. This Court passed two interim orders directing the petitioner to pay ` 25000/- each. The petitioner has already paid first ` 25,000/-, but the petitioner has not paid ` 25,000/- directed to be paid as per the interim order dated 7.10.2010. 3. In view of the said fact, the learned counsel for the 1st respondent opposes the prayer of the petitioner. 4. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall pay ` 25,000/- as directed by order dated 7.10.2010 within one week. The balance amounts due shall be paid in ten equal monthly instalments starting from 1.9.2011. Every subsequent instalment shall be paid on the first working day of every succeeding month. If the petitioner pays the initial amount of ` 25,000/- within one week and the instalments on the due dates w.p.c.25148/10 2 without default, coercive proceedings for recovery of the amounts shall be kept in abeyance. However, if the petitioner commits default in payment the initial amount of ` 25,000/- or any of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge