IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 8700 OF 2021
PETITIONER:
PEACE PUBLIC SCHOOL,
MATHILAKAM,PADIYUR.P.O, THRISSUR-680695,
REPRESENTED BY ITS MANAGER HARIS.K.H.
BY ADVS.
A.RAJASIMHAN
SHRI. AYYAPPADAS V
KUM.VYKHARI.K.U
RESPONDENTS:
1 EMPLOYEES STATE INSURANCE CORPORATION,
REGIONAL OFFICE,PANCHDEEP BHAVAN,
NORTH SWARAJ ROAD,THRISSUR-680020.
REPRESENTED BY ITS REGIONAL DIRECTOR.
2 RECOVERY OFFICER,REGIONAL OFFICE,
EMPLOYEES STATE INSURANCE CORPORATION,
REGIONAL OFFICE,PANCHDEEP BHAVAN,
NORTH SWARAJ ROAD,THRISSUR-680020.
3 BRANCH MANAGER,
FEDERAL BANK,MATHILAKAM BRANCH,
THRISSUR-680685.
BY ADVS.
SRI.ABRAHAM P. MEACHINKARA, SC, EPF
SRI.T.V.AJAYAKUMAR, SC, ESI CORPN.
SRI.K.MADHUSOODANAN
SRI.P.H.RIMJU
SRI.T.G.PAUL
SRI.MATHEW JACOB (KUNNATHU)
SRI.SYRIAC JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8700 OF 2021
-2-
JUDGMENT
Petitioner has approached this Court with the follwing prayers:
"1. Issue a writ of mandamus directing the 2nd respondent to permit the petitioner to remit the entire dues in Ext.P6 in 10 monthly installments.
2. Issue such other order or directions which this Hon'ble Court deem fit and proper in the interest of justice."
2. By the Garnishee Notice dated 30.03.2021 Ext.P6 the bank account maintained by the petitioner had been attached. This Court vide order dated 31.03.2021 directed the petioner to operate the bank account by keeping minimum balance as reflected in the notice Ext.P6. Since the petitioner has expressed bona fide intention to pay off the amount of Rs.15,22,838/- (Rupees fifteen lakhs twenty two thousand eight hundred and thirty eight only) in ten (10) instalments, I accept the prayer and direct the petitioner to pay the amount aforesaid in ten(10) equal monthly instalments WP(C) NO. 8700 OF 2021 -3- commencing from 01.09.2022. In case of default of two instalments the respondent would be at liberty to proceed with the steps as already taken, in accordance with law.
Writ petition stands disposed of.
Sd/-
AMIT RAWAL JUDGE vv WP(C) NO. 8700 OF 2021 -4- APPENDIX OF WP(C) 8700/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTICE OF DEMAND DATED 20.11.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE NOTICE OF DEMAND DATED 20.11.202O ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE OR THE DEMAND DATED 20/11/2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 12/12/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESP0NDENT EXHIBIT P5 TRUE COPY OF THE SUMMONS DATED 26.3.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 30-3-
2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.