The petitioner is aggrieved by the recovery proceedings initiated against the petitioner for default committed in a chitty conducted by the respondents herein. The liability and the default is admitted and the only contention is against failure to intimate quantification. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:- (i) The petitioner shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 31.05.2014.
(iii) The 1st respondent shall grant ten monthly instalments for the payment of the balance dues, starting W.P.(C) No. 12954 of 2014 2 from 21.06.2014.
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 10th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 31.05.2014 which shall be satisfied by the petitioner on the 21st of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // TRUE COPY // P.A TO JUDGE.