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Swarnamma vs District Collector

High Court Of Kerala|26 June, 1998

JUDGMENT / ORDER

Petitioner says that she is the President of 'Chilanka Vanitha Welfare Trust, a Society registered under the fourth respondent. According to the petitioner, the Society availed of a loan from the fourth respondent and default committed by the Society has now resulted in Revenue Recovery proceedings against the petitioner. Petitioner says that as part of the recovery proceedings, the bank account of the Society has already been attached and she says that once the amount available in the account is appropriated, she is willing to pay the balance amount due in six monthly instalments.
2. I heard the learned standing counsel appearing for respondents 4 and 5 also.
3. As already seen the petitioner is not disputing the liability or the quantum and what she essentially seeks is an instalment facility. Therefore, I dispose of this writ petition with the following directions:
W.P.(C).No.22025/2012 : 2 :
1. Amount if any, available in the bank account attached by the respondents will be appropriated.
2. Once the available amount is realised as above, the petitioner shall pay the balance liability in six equal monthly instalments.
3. The first instalment will be paid on or before 15.10.2012 and the subsequent instalments will be paid on or before the 15th of every succeeding month.
4. This judgment is rendered accepting the specific case of the petitioner that a portion of the liability could be realised by appropriating the amount from the attached account.
5. In case, such amounts are not available for appropriation and in the event of non-payment of the instalments as directed, the respondents will be free to continue the recovery action already initiated.
Writ Petition is disposed of as above.
ANTONY DOMINIC, JUDGE ln
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Title

Swarnamma vs District Collector

Court

High Court Of Kerala

JudgmentDate
26 June, 1998