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Suresh.K.B

High Court Of Kerala|23 October, 2014
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JUDGMENT / ORDER

The petitioner is the registered owner of a Swaraj Mazda Tipper Lorry bearing registration No.KL 07/AZ 9952, who defaulted contribution to the 1st respondent and is before this Court challenging Ext.P6 notice issued by the 2nd respondent. The liability and the default is admitted and the only prayer is for instalments. Considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of on the following terms:- (i) The petitioner shall produce a certified copy of this judgment before the 1st respondent within two weeks of receipt of the same.
(ii) The 1st respondent shall grant four monthly instalments for the payment of the dues, as per Ext.P6 starting from 24.11.2014.
(iii) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order WPC.27653/2014 : 2 :
are made without any default.
(iv) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(v) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

Suresh.K.B

Court

High Court Of Kerala

JudgmentDate
23 October, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • Ram