IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18478 of 2010(H)
1. LEELA P, W/O. K PONNAN, 18/2154
... Petitioner
Vs
1. THE DEPUTY TAHSILDAR (RR) KOCHI 1
... Respondent
2. THE OFFICIAL LIQUIDATOR, HIGH COURT
For Petitioner :SRI.P.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :15/06/2010
O R D E R
P.R. RAMACHANDRA MENON, J.
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W.P.(C) No. 18478 OF 2010
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Dated this the 15th June, 2010
J U D G M E N T
The petitioner stood as a surety to the chitty transaction
between her son and a Company by name M/s.Walk in financial
Services Pvt. Ltd. The Company subsequently went on
liquidation as per the orders passed by this Court in C.P.No. 9 of
2002. The liability of the son of the petitioner was finally
adjudicated in C.C.No. 370 of 2005, whereby a sum of Rs.
43500/- with further interest was declared as to be paid by the
subscriber to the chitty and being a surety, the liability was also
cast upon the petitioner, jointly. The learned Counsel for the
petitioner submits that the petitioner is aggrieved of the coercive
proceedings taken by the respondents invoking the remedy
under the Revenue Recovery Act for realisation of the amount in
‘lump sum’. It is stated that the petitioner is ready and willing
to clear the liability by way of reasonable installments .
2. Heard the learned Standing Counsel for the second
W.P.(C) No. 18478 OF 2010
2
respondent as well as the learned Government Pleader for the
first respondent.
3. Considering the particular facts and circumstances , the
petitioner is permitted to clear the entire liability by way of ‘six’
equal monthly installments, the first of which shall be effected on
or before 30.06.2010 to be followed by similar installments to be
effected on or before the 30th of the succeeding months. Subject
to this, all further steps pursuant to Ext. P1 shall be kept in
abeyance. It is made clear that if any default is committed by the
petitioner in effecting the installments as above, the respondents
will be at liberty to proceed with further steps for realisation of
the amount in a lump sum, from the stage where it stands now.
The Writ Petition is disposed of.
P.R. RAMACHANDRA MENON,
JUDGE.
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