Kerala High Court
Moto Life vs Regional Director on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 16872 OF 2021
PETITIONERS :
1 MOTO LIFE,
REPRESENTED BY REJI SEBASTIAN,
MANAGING PARTNER, TMC 48/1116, GOVIND COMPLEX,
PANCHIKKAL, AYYANTHOLE,
THRISSUR - 680003.
2 REJI SEBASTIAN,
MANAGING PARTNER, TMC 48/1116,
GOVIND COMPLEX, PANCHIKKAL, AYYANTHOLE,
THRISSUR-680003.
BY ADV K.P.SURESH KUMAR
RESPONDENTS :
1 REGIONAL DIRECTOR,
EMPLOYEES STATE INSURANCE CORPORATION FOR KERALA,
PANCHADEEP BHAVAN, THRISSUR - 680 020.
2 DEPUTY DIRECTOR,
EMPLOYEES STATE INSURANCE CORPORATION FOR KERALA,
PANCHADEEP BHAVAN, THRISSUR - 680 020.
3 THE RECOVERY OFFICER,
EMPLOYEES STATE INSURANCE CORPORATION,
PANCHADEEP BHAVAN, THRISSUR - 680 020.
BY ADVS.
K.M.ANEESH
ADARSH KUMAR
ADV. SHASHANK DEVAN FOR ADV.T.V.AJAYAKUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16872 OF 2021
2
BECHU KURIAN THOMAS, J.
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W.P.(C).No.16872 of 2021
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Dated this the 30th day of September, 2021
JUDGMENT
Petitioner is a firm dealing in reconditioning, restoration
and decoration of cars. An amount of Rs.10,69,169/- is alleged to be
due from the petitioner as evident from Ext.P7 notice dated
09.08.2021 (wrongly noted as 09.02.2021 in the document
produced). According to the petitioner, he is not disputing the liability
due under Ext.P7. However, on account of the Covid 19 pandemic
situation that prevails and the business having come to a halt, he is
unable to pay the amount at one shot and seeks indulgence to repay
the amount in instalments.
2. The respondents have filed a counter affidavit opposing
the grant of any facility of instalments and also questions invocation
of jurisdiction under Article 226 of the Constitution of India when the
alternate remedy is available.
3. Considering the fact that this Court had entertained
this writ petition as early as on 13.08.2021 and also that the
WP(C) NO. 16872 OF 2021
amounts have been deposited by the petitioner to the extent of
Rs.1,00,000/- in two stages on 04.09.2021 and 25.09.2021, I deem
it fit to treat this as a special case where an instalment facility can be
granted to the petitioner. I am persuaded to take the above approach
in view of the the pleadings of the respondent through their counter
affidavit that the Corporation itself had agreed to grant permission to
repay the amounts in ten monthly instalments though, petitioner
wanted further instalments.
4. Having considered the submissions and the pleadings
as above, I deem it fit to grant the facility of instalment payment to
the petitioner. Accordingly, there will be a direction to the petitioner
to repay the entire amount due to the respondents as on date along
with all other charges in 12 equal monthly instalments. The first
instalment shall be paid on or before 30.10.2021.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(C) NO. 16872 OF 2021
APPENDIX OF WP(C) 16872/2021
PETITIONERS' EXHIBITS :
Exhibit P1 TRUE COPY OF THE NOTICE DATED 24/09/2020
ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE NOTICE DATED 24/09/2020
CALLING TO PAY RS. 9,27,611/-.
Exhibit P3 TRUE COPY OF THE ORDER DATED 23/12/2020
ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE REQUEST DATED 25/03/2021
OF THE PETITIONER.
Exhibit P5 TRUE COPY OF THE NOTICE DATED 11/06/2021
UNDER SECTION 45-C 2 45 I OF THE 3RD
RESPONDENT.
Exhibit P6 TRUE COPY OF THE REQUEST BY THE PETITIONER
DATED 24/06/2021.
Exhibit P7 TRUE COPY OF THE VISIT NOTE DATED
09/08/2021 ISSUED BY THE 3RD RESPONDENT.
