The petitioner subscribed to a chitty run by the 4th respondent; to which respondents 5 and 6 stood as sureties. Due to some unforeseen circumstances, the petitioner defaulted some instalments, when respondents 1 to 4 initiated revenue recovery proceedings towards the petitioner and respondents 5 and 6 which hence is under challenge in this writ petition.
2. The learned counsel for the petitioner submits that, the order passed by this Court on 21.10.2014 to deposit a sum of ₹ 25,000/-(Rupees twenty five thousand) has been complied with. It is submitted that, the limited relief now pressed before this Court is to permit the petitioner to clear the entire liability granting some breathing time in this regard by way of reasonable instalments.
3. The learned standing counsel for the fourth respondent submits that the total outstanding liability to clear the transaction as on 29.10.2014 is nearly ₹1,28,880/-.
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4. After hearing both the sides, particularly, in view of the limited relief sought for, this Court finds it fit and proper to permit the petitioner to clear the entire liability by way of 'six' equal monthly instalments, the first of which shall be effected on or before the 15th day of December, 2014; followed by similar instalments to be effected on or before the 15th of succeeding months. Subject to this, the coercive proceedings being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment of the liability as above, it will be open for the concerned respondent 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.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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