IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 30702 of 2008(E) -------------------------- PETITIONER(S): --------------- 1. M/S PEEYUSHA DAIRY INDUSTRIES, NEDUMBASSERY REPRESENTED BY MANAGING PARTNER C.G. PRADEEP KUMAR, AGED 42, S/O GANGADHARAN, 2. C.G.PRADEEP KUMAR, AGED 42, S/O GANGADHARAN, MANAGING PARTNER, (M/S PEEYUSHA DAIRY INDUSTRIES), CHAKKUNGAL HOUSE, MANJAPRA P.O., ANGAMALY. 3. SMT. V.R LATHA, AGED 45, W/O. VIJAYAN, PARTNER, KALLISSERY HOUSE, KONGARAPALLY P.O., NORTH PARAVOOR. 4. SRI. P.A. JOHNY, AGED 50, S/O ESTHAPPAN, PARTNER, PATTAKKAL HOUSE, KOTTAMAM, KALADY. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): --------------- 1. DY TAHSILDAR (RR), KFC BRANCH OFFICE, ERNAKULAM, 2. CHIEF MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICER,IST FLOOR, FINANCE TOWERS,KALOOR KOCHI-17. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN SRI.M.M.SAIDU MUHAMMED, SC, KFC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 30702 OF 2008 E ```````````````````````````````````````````````````` Dated this the 20th day of October, 2008 J U D G M E N T Prayer in the writ petition is as follows: “ Issue a writ of Mandamus or any other writ or order directing calling for the records leading to Exts.P5 and P6 and quash the same.” 2. I heard learned counsel for petitioners, learned Government Pleader and learned standing counsel for KFC. 3. A perusal of Ext.P4 would show that the petitioners had sought time to pay Rs.6 lakhs. Learned standing counsel would submit that the petitioners sought for instalments and were granted permission to pay the amount in four instalments. They did not pay the amount and consequently, recovery proceedings have been initiated. No doubt, learned counsel for the petitioners relies on Ext.P2. Ext.P2 is dated 17.3.2007. It does not show that the amount has been settled. Ext.P3 would show that the petitioners did not remit the OTS amount in time and it stands cancelled. Then, learned counsel for the petitioners submits that WPC.30702/08 : 2 : the petitioners may be given some time to pay off the amount. Having considered the facts and circumstances of the case, writ petition is disposed of as follows: Recovery proceedings pursuant to Exts.P5 and P6 shall be kept in abeyance for a period of four months on condition that the petitioners pay a sum of Rs.1 lakh before the time of sale mentioned in Exts.P5 and P6 and also pay a sum of Rs.50,000/- within two weeks from 23.10.2008 and remit the balance amount in three equal monthly instalments. The first instalment shall be paid on or before 5.12.2008 and the further instalments shall be paid on or before the 5th day of the succeeding months. If the petitioners do not pay Rs.1 lakh or Rs.50,000/- or the instalments as directed above, the petitioners will loose the benefit of this judgment and it will be open to the respondents to proceed with the recovery proceedings. Sd/- (K.M.JOSEPH, JUDGE) aks // TRUE COPY // P.A. TO JUDGE