IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13153 of 2010(T)
1. ABDUL GAFOOR
... Petitioner
Vs
1. THE DISTRICT COLLECTOR AND OTHERS
... Respondent
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/04/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C). NO. 13153 OF 2010
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Dated this the 16th day of April, 2010
JUDGMENT
The petitioner was a subscriber to the chitty run by
Kousthoobam Chits and Finance Private Limited (hereinafter referred
to as ‘the Company’). The Company went into liquidation. The third
respondent was appointed as the Liquidator as per the proceedings
in C.P.No.5 of 2002. The claim made by the Company was decreed
as per the order in C.C.No.947 of 2006 in C.P.No.5 of 2002. It is
stated that the petitioner was made liable to pay the principal amount
of Rs.62,000/- along with 6% interest from 19.12.2007.
2. For realisation of the amount due from the petitioner,
Ext.P1 revenue recovery notice was issued. The amount shown in
Ext.P1 notice, as due from the petitioner, is Rs.1,09,328/- plus
demand notice charges and future interest.
3. The learned counsel for the petitioner submitted that the
only point urged by the petitioner is that he may be granted a
W.P.(C) NO.13153 OF 2010
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breathing time to pay off the decree amount. The learned
Government Pleader submitted that a short time can be granted to
the petitioner, in the facts and circumstances of the case.
Accordingly, the Writ Petition is disposed of as follows: Ext.P1
and all further proceedings pursuant thereto shall be kept in
abeyance for a period of three months on condition that the petitioner
shall pay a sum of Rs.30,000/- on or before 15.5.2010, another sum
of Rs.30,000/- on or before 15.6.2010 and the balance amount on or
before 15.7.2010. No further orders are required in the Writ Petition.
(K.T.SANKARAN)
Judge
ahz/