IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 89 of 2010()
1. M/S.D.C.CHOSE & COMPANY,
... Petitioner
Vs
1. COCHIN PORT TRUST,
... Respondent
2. THE DEPUTY SECRETARY (ESTATE)
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :30/01/2010
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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WRIT APPEAL NO. 89 OF 2010
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Dated this the 30th January, 2010
JUDGMENT
K.M. Joseph, J.
Appellant challenges the decision of the learned Single
Judge by which the learned Single Judge has permitted the
petitioner to remit the amounts due. The learned Single Judge
has directed payment of Rs.4 Lakhs before the last working day
of December, 2009 and the balance shall be paid in equal
instalments of Rs.1 Lakh.
2. We heard the learned counsel for the appellant and also
the learned counsel appearing on behalf of the respondent Port
Trust. Learned counsel for the appellant submits that the
appellant may be permitted to pay off the amount in six
instalments. It is pointed out by the learned counsel for the
respondents that the amount due is more than Rs.7,00,000/=
WPC.89 OF 2010 2
(Rupees Seven Lakhs). He would further submit that the
learned Single Judge has exercised his discretion and there is
nothing for the Appellate Court to interfere. Learned counsel
for the appellant would point out that the appellant is in deep
financial distress and, therefore, instalment facility may be
afforded.
3. After hearing the arguments, we feel that the appellant
shall be permitted to pay off the entire amount in instalments.
Accordingly, the Writ Appeal is disposed of permitting the
appellant to pay off the entire amount due in four equal monthly
instalments, the first of which shall be payable on or before
15.02.2010 and the remaining instalments on or before the 15th
of every succeeding month. The respondent Port Trust will
furnish a Statement to the appellant within one week from today
showing the exact amount of instalments to be paid in terms of
this Judgment. If the appellant pays the instalments in
accordance with this Judgment, recovery steps will be kept in
WPC.89 OF 2010 3
abeyance. However, if the appellant commits default in
payment of any single instalment, the appellant will lose the
benefit of this Judgment and the respondents will be free to
proceed against the appellant in accordance with law. Needless
to say, the amount will bear interest in accordance with law.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk.
// True Copy //
PS to Judge