IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31827 of 2009(W)
1. JOSHI K.P., S/O.PAULOSE K.V.,
... Petitioner
Vs
1. OFFICIAL LIQUIDATOR,
... Respondent
2. DEPUTY TAHSILDAR,
For Petitioner :SMT.SANDHYA RAJU
For Respondent :SRI.K.MONI
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :09/11/2009
O R D E R
C.K.ABDUL REHIM, J.
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W.P.(C).No.31827 OF 2009
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Dated this the 9th day of November, 2009
J U D G M E N T
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1. Matter arises under a company case, on the basis of a
claim filed by the 1st respondent, with respect to M/s.
Sreethilakam Chits and Finance (P) Limited (under liquidation).
The petitioner along with two others were permitted to pay off
the entire liability due to the company, in installments of
Rs.2000/- each on every month, together with interest @ 6% per
annum from 5.4.1998 onwards, till the entire liability is wiped
off. Eventhough some of the installments were remitted as per
Ext.P2, continued payment was defaulted. Under such
circumstances the petitioner again approached this court in a
writ petition and in Ext.P4 judgment further indulgence was
shown in permitting the petitioner to pay off the entire liability in
3 equal monthly installments starting from 25.9.09 onwards.
According to the petitioner he had remitted the entire amounts
as stipulated in Ext.P2 within the time extended through Ext.P4
judgment. Complaint of the petitioner is that 1st respondent is
not settling the account and withdrawing the revenue recovery
proceedings, raising dispute regarding rate of interest due from
the petitioner.
W.P.(C).31827/09-W 2
2. Having considered facts and circumstances of the
case I am of the opinion that the matter can be disposed of
directing the 1st respondent to settle the issue taking note of
Ext.P1 and P4 judgments. If the petitioner had complied with
payments as stipulated therein, the 1st respondent shall take
steps to withdraw the revenue recovery proceedings. A decision
in this regard shall be taken as early as possible, at any rate
within a period of two weeks from the date of receipt of a copy of
this judgment. The 2nd respondent is directed to keep in
abeyance all further coercive steps pursuant to Ext.P3 notice till
a decision is taken by the 1st respondent as directed above.
C.K.ABDUL REHIM, JUDGE.
okb