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Manu Mathew

High Court Of Kerala|19 November, 2014
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JUDGMENT / ORDER

The petitioner has approached this Court with the following prayers:
“a. Call for the records of the case leading to Ext.P5 order and Ext.P6 penal bill and quash the same by the issue of a writ of certiorari or other appropriate writ or order.
b. Issue a writ of mandamus or other appropriate writ or order forbearing the respondents 3 and 4 from pursuing any coercive recovery steps against the petitioner on the basis of Ext.P5 order and P6 Penal Bill.”
2. When the matter came up for consideration before this Court on 25.1.2012, the matter was admitted also granting interim stay. Subsequently, said interim order was extended on 13.2.2012. On expiry, it was revived and extended further for two months, subject to the condition that the petitioner satisfied 50% of the outstanding liability covered by Ext.P7 as per order dated 2.5.2012. The said condition was satisfied, upon which the interim order was extended until further orders on 6.7.2012.
3. The counter affidavit filed from the part of the respondents shows that the total assessment originally was to the tune of ₹ 1,35,900/-, which was subsequently revised to ₹27,450/- allowing all W.P.C. No. 2194 of 2012 -2-
reliefs found relevant. After giving credit to a sum of ₹10,000/-
already satisfied, the balance sought to be realized was ₹17,450/-. In view of the sequence of events, particularly as to the satisfaction of 50% of the liability as per the interim order passed by this Court, the balance alone remains to be satisfied by the petitioner. The learned counsel for the petitioner submits that the petitioner is ready to satisfy the balance amount as well, for which some breathing time is sought for.
4. After hearing both the sides, the writ petition is disposed of, granting a further time of 'one month' to liquidate the liability; subject to which, the recovery proceedings, if any, shall be kept in abeyance till such time. It is also made clear that, if any default is made with regard to the repayment of the liability as above, it will be open for the respondents to proceed against the petitioner for realization of the entire amount in a lump from the stage where it stands now.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
kp/-
P.R. RAMACHANDRA MENON, JUDGE.
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Title

Manu Mathew

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • P R Ramachandra Menon
Advocates
  • V V Asokan Sri