Balakrishnan vs Axis Bank

Citation : 2022 Latest Caselaw 9469 Ker
Judgement Date : 25 August, 2022

Kerala High Court
Balakrishnan vs Axis Bank on 25 August, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                        WP(C) NO. 25862 OF 2022
PETITIONER/S:

          BALAKRISHNAN
          AGED 50 YEARS
          S/O BHASKARAN NAIR, POLIYADATH HOUSE, MATTATHUR P.O.,
          MOONNUMURY, THRISSUR, PIN - 680684
          BY ADVS.
          ANAND KALYANAKRISHNAN
          C.DHEERAJ RAJAN


RESPONDENT/S:

    1     AXIS BANK
          RETAIL ASSET CENTRE, 5TH FLOOR, CHICAGO PLAZA, RAJAJI
          ROAD, ERNAKULAM- 682 035 REPRESENTED BY MANAGER., PIN -
          682035
    2     AUTHORIZED OFFICER
          AXIS BANK, RETAIL ASSET CENTRE, 5TH FLOOR, CHICAGO
          PLAZA, RAJAJI ROAD, ERNAKULAM, PIN - 682035




          ADV. P PAULOCHAN ANTONY (SC)


     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. 25862 OF 2022                  2



                                     JUDGMENT

Petitioner had approached this Court earlier and had obtained Ext.P1 judgment, permitting the petitioner to clear the liability in instalments.

2. Learned counsel appearing for the respondent bank submits that no amount was paid as directed in Ext.P1 judgment and this writ petition is clearly not maintainable. He, however, submits that if the petitioner were to approach the authorised officer of the respondent bank, a reasonable time can be granted to the petitioner to clear the liabilities in instalments.

Accordingly, this writ petition is disposed of, permitting the petitioner to approach the authorised officer of the 2 nd respondent, seeking permission to clear the liability in instalments. If the petitioner makes a request for settling the liability in instalments before the authorised officer on or before 31.08.2022, further coercive steps shall be deferred till a decision is taken on the same.

The writ petition is disposed of as above.

sd/-

GOPINATH P., JUDGE ajt WP(C) NO. 25862 OF 2022 3 APPENDIX OF WP(C) 25862/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER DATED 21.06.2021 IN WPC NO. 10820/2021 PASSED BY THIS HON'BLE COURT Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT BANK DATED 18.06.2022