The petitioner is aggrieved by the recovery steps initiated by the respondents as per Exts.P5 series, P6, P7 & P8 notices. The petitioner was a subscriber to four chitties run by the respondent KSFE. Since the petitioner has defaulted the payments towards the chitties, the respondents have proceeded with coercive steps, which made the petitioner to approach this Court by filing this writ petition.
2. The learned standing counsel appearing for the KSFE submits that, the 'total liability' as on 15.11.2014 is nearly `25,74,392/- (Rupees twenty five thousand seventy four thousand three hundred and ninety two only).
3. The learned counsel for the petitioner submits that the default was never wilful, but because of some unforeseen circumstances and that steps are being taken, to have the 'entire amount' cleared, for which some breathing time is sought for.
W.P(C). No. 31794 of 2014 -2-
After hearing both the sides, the petitioner is directed to satisfy the 'entire' outstanding liability by way of 'eight' equal monthly instalments, the first of which shall be effected on or before the 20th of December, 2014, followed by similar installments, to be effected on or before the 20th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the 'liability' as above, it will be open for the respondents to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE Pn