The petitioner, a surety to a chitty, availed of by the 4th respondent from the 2nd respondent is before this Court challenging the recovery proceedings initiated against his property. 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, reserving the liberty of the guarantor to proceed against the Original defaulter. (i) The petitioner shall produce a certified copy of this judgment before the 2nd respondent within two weeks of receipt of the same.
(ii) The 2nd respondent shall quantify the amounts due from the petitioner and inform the petitioner in writing the amounts due as on 31.05.2014.
(iii) The 2nd respondent shall grant twelve monthly instalments for the payment of the arrears, starting from WPC.7268/2014 : 2 :
28.6.2014.
(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 12th 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 28th 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) jma //true copy// P.A to Judge