The petitioners have approached this Court with the following prayers;
“(a) Issue a Writ or Mandamus or other appropriate writ, order or direction, directing the Respondents 1 and 2 to grant sufficient monthly instalment facility to discharge the liability due and payable by the Petitioners in terms of Exhibit P1 demand notice;
(b) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”
2. The learned counsel for the petitioners submit that the default was never wilful, but because of some unforeseen circumstances and that steps are being taken to have the 'entire' amount, as per Ext.P1 demand notice issued by the 3rd respondent to be cleared, for which some breathing time is sought for.
After hearing both the sides, the petitioners are directed to satisfy the 'entire' amount by way of 'eight' equal monthly instalments, the first of which shall be effected on or before the 15th of December, 2014, followed by similar installments, to be WP(c). No. 31008 of 2014 2 effected on or before the 15th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the 'amount' as above it will be open for the respondent to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn