The petitioner has subscribed to 10 chitties and bid the chitty amount from the Kerala State Financial Enterprises Ltd. [for brevity “KSFE”]. The petitioner committed default in the payment of the chitties and the present liability, according to the respondent-KSFE, is more than Rs.16,00,000/-. The property that was mortgaged by the petitioner is now proceeded against, for recovery of the amounts due from the petitioner towards those defaulted chitties.
2. Considering the impecunious circumstances of the petitioner and also the confined prayer made for instalments, it is directed that the sale shall be kept in abeyance on condition of the petitioner settling the entire amounts due in ten equal monthly instalments, starting from 12.07.2014, followed with on the 12th of each succeeding month. The KSFE shall issue a statement showing the liabilities covered in the chitties, which are the subject matter of the present writ petition, and the petitioner shall satisfy WP(C).No.14959 of 2014 - 2 -
the entire liability as directed above. If default is committed of two consecutive instalments, then the recovery proceedings shall revive and continue. If the entire instalments are satisfied, then the recovery proceedings shall stand vacated.
Writ petition is disposed of as above. No costs.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )