Salim Sha vs The Authorized Officer Under ...

Citation : 2022 Latest Caselaw 5876 Ker
Judgement Date : 31 May, 2022

Kerala High Court
Salim Sha vs The Authorized Officer Under ... on 31 May, 2022
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
                  IA.NO.1/2022 IN WP(C) NO. 6844 OF 2022(E)
PETITIONER/PETITIONER:

     SALIM SHA, AGED 42 YEARS, S/O. M.K. SHAMSUDEEN, SHA MANZIL, KAIRALI
     NAGAR 134 A, KALLUMTHAZHAM P.O., KOLLAM, KOLLAM DISTRICT - 691004.

RESPONDENTS/RESPONDENTS:

  1. THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT, THE QUILON CO-
     OPERATIVE URBAN BANK LTD. NO. 960, HEAD OFFICE, YMCA ROAD, KOLLAM,
     KOLLAM DISTRICT - 691001.
  2. THE BRANCH MANAGER, THE QUILON CO-OPERATIVE URBAN BANK LTD.,
     CHANDANATHOPPE BRANCH, CHANDANATHOPPE, KOLLAM DISTRICT - 691014.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
fixed to remit the second instalment for a further period of 6 months.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 08.03.2022 and upon hearing the arguments of M/S. R.RAJESH
(VARKALA), M.KIRANLAL, T.S.SARATH, MANU RAMACHANDRAN & SAMEER M NAIR,
Advocates for the petitioner in IA/WP(C) and of SMT.RENU D P ,STANDING
COUNSEL for the respondents in IA/W.P.(C)the court passed the following:
              BECHU KURIAN THOMAS, J.
         ========================
                  I.A. No. 1 of 2022
                           in
              W.P.(C) No.6844 of 2022
         ========================
         Dated this the 31st day of May, 2022


                       ORDER

I.A. No. 1 of 2022 This is an application for extension of time to remit the second instalment specified in the judgment dated 08.03.2022.

2. The learned counsel for the petitioner submitted that, though petitioner paid 1 st instalment as directed by this Court, the remaining 2nd instalment could not be paid and seeks for breathing time.

3. Smt. Renu D.P., the learned Standing Counsel for the respondent vehemently opposed the extension of time.

4. However, considering the circumstances arising in the case, I am of the view that, as a last chance an extension time can be granted. Therefore, the balance remaining two instalments directed in the judgment dated 08.03.2022 shall be paid by the petitioner in four equated W.P(C).NO.6844 OF 2022 2 monthly instalments.

The petitioner shall clear the entire balance outstanding amount as on date in four equated monthly instalments commencing from 30.06.2022 and the remaining instalments shall be paid on or before 30 th day of every succeeding month. The time stipulated in the judgment dated 08.03.2022 shall stand extended to the above extent.

Sd/-

BECHU KURIAN THOMAS JUDGE LU 31-05-2022 /True Copy/ Assistant Registrar