Abdul Rafeeque A.V vs Uco Bank

Citation : 2022 Latest Caselaw 8834 Ker
Judgement Date : 7 July, 2022

Kerala High Court
Abdul Rafeeque A.V vs Uco Bank on 7 July, 2022
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
           Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
                 IA.NO.1/2022 IN WP(C) NO. 14461 OF 2022(G)
PETITIONERS/PETITIONERS:

  1. ABDUL RAFEEQUE A.V., AGED 50 YEARS ,S/O.KUNHALIKUTTY, AZHUVALAPPIL
     HOUSE, PONNIYAKURUSSI P.O., PERINTHALMANNA, MALAPPURAM DISTRICT -
     679 322.
  2. AYISHA SAMEERA, AGED 39 YEARS, W/O.ABDUL RAFEEQUE A.V., AZHUVALAPPIL
     HOUSE, PONNIYAKURUSSI P.O., PERINTHALMANNA, MALAPPURAM DISTRICT -
     679 322.

RESPONDENT/RESPONDENT:

     UCO BANK ,PERINTHALMANNA BRANCH, V.K.COMPLEX, MANNARKKAD ROAD,
     PERINTHALMANNA P.O., MALAPPURAM DISTRICT - 679 322, REPRESENTED BY
     THE AUTHORIZED OFFICER.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the judgment
dated 26-04-2022 and extent the time to deposit the second installment as
per the above said judgment for further period of one month from the date
of modification of judgment in the interests of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 26-04-2022 and upon hearing the arguments of SRI.U.K.DEVIDAS,
Advocate for the petitioners in IA/WP(C) and SRI.H.RAMANAN, STANDING
COUNSEL for Respondent in IA/WP(C), the court passed the following:
                      ZIYAD RAHMAN A.A., J.
            ----------------------------------------------------
                          I.A. No.1 of 2022
                                     in
                     WP(C) No.14461 of 2022
            ----------------------------------------------------

                   Dated this the 7th day of July, 2022



                                 ORDER

This application is filed by the petitioners seeking enlargement of time for making the payment as directed by this Court in the judgment dated 26.04.2022. The writ petition was disposed of, directing the petitioners to clear the entire amount due to the respondent bank in 18 equal monthly instalments commencing from 30th May, 2022 onwards.

2. It is submitted that even though the instalment which had fallen due on 30.05.2022 was remitted, the 2 nd instalment which became due on 30.06.2022 could not be remitted. The petitioners seek some time to remit the said amount.

Considering the facts and circumstances of the case, the time for depositing the 2nd instalment which was payable on 30.06.20200 is extended till 30.07.2022. On that day, the I.A. No.1/2022 in WP(C) No.14461/2022 :2 : petitioners shall deposit the said amount along with the instalment which falls due on 30.07.2022.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd/07.07.2022 07-07-2022 /True Copy/ Assistant Registrar