Manjula Chellur, C.J.
Appellants are before this Court seeking indulgence of this Court to grant some breathing time to clear the overdue arrears to the respondent Bank. Learned Singe Judge after taking into consideration the facts and circumstances passed the following order:
“3. After hearing both the sides and also considering the particular facts and circumstances, this Court finds it fit and proper to give one more opportunity to the petitioners to save their property. In the said circumstances, the petitioners are directed to clear the overdue amount in respect of defaulted instalments by way of 'three' equal monthly installments, the first of which shall be effected on or before 15.04.2014, followed by similar two more installments to be effected on or before the 15th of the succeeding months. This will be in addition to the liability of the petitioners to remit the regular monthly installments as well. Subject to the above, the revenue recovery proceedings stated as being pursued against the petitioners shall be kept in abeyance. It is made clear that, if any default is committed by the petitioners in remitting any of the three installments towards the defaulted E.M.Is as above or if any two consecutive defaults are made in respect of the regular E.M.Is, the respondent Bank will be at liberty to proceed with coercive steps from the stage where it stands now for realisation of the amount in a lump.”
2. Unfortunately appellant except making payment of Rs.3 lakhs which is not even equal to one instalment, out of three equal instalments, is before this Court contending that directions given by learned Single Judge is very harsh. Apart from granting instalment facility for overdue amount, he was also directed to pay regular monthly instalments which apparently defaulted. Outstanding dues amounts to `53 lakhs and odd and the overdue amount is more than `12.09 lakhs as on today.
Under these circumstances, the only concession that could be shown to the appellants is, if they were to make good all the instalments granted by learned Single Judge and also regular instalments for the month of April, May and June, on or before 30.06.2014, they shall have the benefit of judgment of learned Single Judge, failing which the respondent authorities are at liberty to proceed further.
Manjula Chellur, Chief Justice.
P.V. Asha, Judge.
ttb/23/05