IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 8436 of 2011(D) ------------------------- PETITIONER(S): --------------- P.V.JOHNY, S/O.P.K.VARAPPAN, PALAYOOR HOUSE, MUNDOOR, PAZHAMUKKU (VIA), P.O.MUNDOOR. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. GOVERNMENT OF INDIA, MINISTRY OF CORPORATE AFFAIRS OFFICE OF THE OFFICIAL LIQUIDATOR, HIGH COURT OF KERALA, COMPANY LAW BHAVAN, 3RD FLOOR, THRIKKAKARA.P.O., KOCHI-682 021. 2. THE TAHSILDAR (REVENUE RECOVERY), THRISSUR-680 020. 3. THE VILLAGE OFFICER, ANJOOR VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. 680 020. BY GOVT. PLEADER SRI.BIJOY CHANDRAN SRI.K.MONI, OFFICIAL LIQUIDATOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.8436 of 2011-D ---------------------------------------- Dated this the 22nd day of March, 2011. J U D G M E N T Revenue recovery steps initiated pursuant to Exts.P4 and P5 notices are under challenge in this writ petition. The amount sought to be recovered pertains to a decree passed by this Court in a company claim (C.C.No.529 /2004 in C.P No.21/2001). It is evident that the petitioner has not contested the matter before the Company Court nor he had filed any appeal against the decree. Hence, I find no reason to interfere with the matter to hold that the petitioner is not liable for payment of the amount. 2. Contention of the petitioner is that, certain amounts were due from the company with respect to another 'Kuri' transaction, which the petitioner had with the very same company. It is noticed that the petitioner had not claimed any set off in the company claim and it stands decreed. The petitioner could not now seek any direction for payment of the amounts alleged to be due. It is for him W.P(C) No.8436 of 2011-D 2 to take appropriate steps in the liquidation proceedings for getting the amount, if any due, under the provisions of the Companies Act. 3. Confronted with the above situation, learned counsel for the petitioner made an appeal to this Court to permit the petitioner to pay off the entire amounts covered under Exts.P4 and P5, in a phased manner within a reasonable time. 4. Heard; standing counsel appearing for the 1st respondent. Considering the facts and circumstances, I am of the view that the petitioner can be permitted to wipe off the liability in instalments, within a reasonable time. 5. Under the above circumstances, while dismissing the writ petition, the respondents are restrained from proceeding with further coercive steps of recovery initiated pursuant to Exts.P4 and P5, subject to condition of the petitioner remitting the amounts due thereunder along with interest, in 5 (five) equal monthly instalments, falling due on or before 15.4.2011 and on or before the 15th day of W.P(C) No.8436 of 2011-D 3 succeeding months. 6. It is made clear that, on the event of default in payment of any one of the instalments, the respondents will be free to proceed with further steps. It is further made clear that the above relief is granted subject to condition that the petitioner is precluded from raising any subsequent challenge against such proceedings. C.K.ABDUL REHIM JUDGE ab