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Viju.J.V

High Court Of Kerala|20 June, 2014
|

JUDGMENT / ORDER

The petitioner is aggrieved by the coercive steps initiated against his property by Ext.P1 notice, for satisfaction of the amounts due under a chitty transaction. 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 respondents shall issue a statement showing the defaulted amounts as on 30.06.2014.
(ii). The respondents shall grant ten monthly instalments for the payment of the balance dues, starting from 20.07.2014.
(iii). Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made WP(C).14725/14 2 without any default.
(iv) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(v). On the tenth instalment being satisfied, the respondents shall issue a statement of the interest accrued from 30.06.2014 which shall be satisfied by the petitioners on the 20th of the succeeding month.
(vi). 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 respondents will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K.VINOD CHANDRAN, Judge Mrcs //True Copy//
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Title

Viju.J.V

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • J Jayakumar