The petitioners in these cases have got a common grievance, which is with regard to the coercive steps taken by the respondents invoking the machinery under the Revenue Recovery Act, for realization of the amount stated as due under different chit transactions. The pleadings and prayers reveal that the petitioners do not dispute the liability. It is pointed out that default was only because of some unforeseen circumstances and they are ready to satisfy the liability, provided some breathing time is given by way of installments.
2. When the matter came up for consideration on 8th October, 2014, the following interim order was passed :
“Learned counsel for the petitioners in these case would submit that if sufficient time is granted, the debtors are willing to repay the entire outstanding amount instalments.
2. Learned Standing Counsel appearing on behalf of the respondent would submit that the amounts had been due as early as in 2011 and the petitioners have woke up from slumber only when revenue recovery notice has been issued and proceedings have been taken to attach the property mortgaged to the Kerala State Financial Enterprises Ltd.
Having regard to the submissions made by either parties, unless the petitioners are will to show bonafides, it may not be possible for this Court to render any assistance in the matter of giving further facility to repay the loan amount in instalments.
Accordingly, there will be a direction to the petitioners in theses cases to deposit a sum of Rs.75,000/- (Rupees Seventy five thousand only) each on or before 17.10.2014.
Post on 20.10.2014.”
3. The learned counsel for the petitioners submits that, despite the earnest efforts taken on war footing, deposit could not be effected before the stipulated date and that they are intending to file a petition for extension of time, simultaneously adding that they will comply with the condition before the 30th of this month. The prayer is only to enable the petitioners to liquidate the liability, by way of reasonable installments.
4. Heard the learned counsel appearing for the respondents as well, who points out that three different items of properties were offered as security and that the total liability in all these seven cases comes nearly to Rs. 32 lakhs, ranging from Rs. 3 lakhs to Rs.4 lakhs in each case.
5. In view of the persuasive submission made by the learned counsel for the petitioners to enable the petitioners to save the properties by permitting them to clear the due amount by way of reasonable installments, this Court finds it fit and proper to extend the time to satisfy the condition imposed in interim order dated 08.10.2014 till 30.10.2010. The balance amount payable to the respondents shall be cleared by way of 'eight' installments commencing from 30.11.2014, followed by similar installments to be effected on or before the 30th of the succeeding months. The recovery proceedings stated as being pursued against the petitioners shall be kept in abeyance for the time being. It is made clear that, if the petitioners commit any default in remitting the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the entire outstanding liability in a lump, pursuing such steps, from the stage where it stands now.
The writ petitions are disposed of as above.
kmd Sd/-
P. R. RAMACHANDRA MENON, (JUDGE)