IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29060 of 2008(H)
1. DEVARAJAN.M.S.
... Petitioner
Vs
1. THE THIRUVANANTHAPURAM DISTRICT
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/10/2008
O R D E R
Thottathil B. Radhakrishnan, J.
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W.P.(C)No. 29060 of 2008-H
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Dated this the 6th day of October, 2008.
JUDGMENT
The petitioner challenges proceedings under the
SARFAESI Act. The transaction is admitted. The
outstandings are not disputed. The total accruals
have to be paid. Even going by the grounds raised,
the petitioner confines the request to be one for
an opportunity to pay the outstandings in
instalments. The learned counsel for the petitioner
also states that all other contentions in
opposition to the impugned proceedings are given up
by the petitioner and he also waives his right, if
any, to move the DRT or any authority challenging
the impugned proceedings. Recording those
submissions and taking into consideration the
entire outstandings, this writ petition is ordered
directing that if the petitioner deposits an amount
of Rs.1.5 lakhs on or before the 31-10-2008 and
WPC29060/08
-:2:-
continues to deposit the entire remaining portion,
including accruals, in six equal monthly
instalments, payable on or before the 25th of every
month commencing from November, 2008, the impugned
distress action will be deferred and ultimately
dropped. If there is default in depositing any of
the instalments as aforesaid, the benefits of this
judgment will stand recalled and the writ petition
will stand dismissed enabling the respondent to
forthwith proceed with further distress action
without further notice to the petitioner.
Thottathil B.Radhakrishnan,
Judge.
sl.