IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
WA NO. 553 OF 2022
AGAINST THE JUDGMENT IN WP(C) 6744/2022 OF HIGH COURT OF KERALA
APPELLANT/1ST PETITIONER IN W.P.(C)NO.6744/2022:
BOBY ALOSHIUS,
AGED 36 YEARS
S/O. L. ALOSHIUS, DHANYA KALLAMAM, PANNIYODE P.O,
VEERANKAVU, POOVANCHAL, THIRUVANANTHAPURAM- 695 575.
BY ADV M.R.SARIN
RESPONDENTS/RESPONDENTS/2ND PETITIONER IN WP(C)NO.6744/2022:
1 THE IDBI BANK LIMITED,
LEGAL DEPARTMENT, CORPORATE OFFICE, IDBI TOWER, MUMBAI
400 005, REPRESENTED BY ITS AUTHORIZED OFFICER/ DEPUTY
GENERAL MANAGER.
2 THE IDBI BANK LTD.,
DEV PLAZA, TC. 43 / 422(2) , KAMALASWARAM, MANACAUD
P.O, THIRUVANANTHAPURAM- 695 009, REPRESENTED BY ITS
BRANCH MANAGER.
3 GLADIS ANNA MANI,
AGED 33 YEARS
D/O. LEELAMMA, DHANYA KALLAMAM, PANNIYODE P.O,
VEERANKAVU, POOVANCHAL, THIRUVANANTHAPURAM 695 575.
BY ADV M.S.KIRAN SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 553 OF 2022
2
JUDGMENT
Devan Ramachandran,J.
Interestingly, this appeal has been preferred only because the learned Judge limited the number of instalments to 'ten' rather than 'fifteen' as was prayed for.
2. Sri.M.S.Kiran - learned Standing Counsel appearing for the respondent - Bank, submitted that the reason why the number of instalments was limited to 'ten' is because the term of the loan will expire by February, 2023. Pertinently, she agreed that the extension can be granted until that day, which will come to about 11 or 12 instalments.
3. We, therefore, asked Sri.M.S.Kiran whether the appellant can be given some more WA NO. 553 OF 2022 3 latitude for enhancement of instalments to 'fifteen', particularly when it will be to his detriment to pay larger interest during that period. The learned counsel left it to this Court to decide appropriately.
4. We have considered the materials on record and we are of the view that since the term of the loan will expire only by February, 2023 and since the financial year will close only by March, 2023, the appellant can be offered some lenitude.
Resultantly, we allow this appeal, not because we find anything in error in the judgment of the learned Single Judge, but solely as a last opportunity to the appellant; and thus enhance the number of instalments for payment, as ordered by the WA NO. 553 OF 2022 4 learned Single Judge, making it 'fifteen' instead of 'ten'.
In all other respects the impugned judgment remain unaltered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
P.G. AJITHKUMAR SAS JUDGE