M/S Sree Communnication vs Canara Bank

Citation : 2024 Latest Caselaw 18589 Ker
Judgement Date : 27 June, 2024

Kerala High Court

M/S Sree Communnication vs Canara Bank on 27 June, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
          Thursday, the 27th day of June 2024 / 6th Ashadha, 1946

                  IA.NO.1/2024 IN WP(C) NO. 15005 OF 2024

APPLICANTS/PETITIONERS:

  1. M/S. SREE COMMUNNICATION, REP BY PROPRIETOR RAJESH C 2/468 A
     OPPOSITE SBI VALLANGHY ROAD, NEMMARA PALAKKAD, PIN-678508.
  2. RAJESH C., AGED 47 YEARS, S/O, CHINNAMANI C., PARAKKAL HOUSE,
     PAZHATHARA CHERAMANGALAM, NEMMARA POST PALAKKAD, PIN-678508.

RESPONDENTS/RESPONDENTS:

  1. CANARA BANK, REPRESENTED BY ITS AUTHORISED OFFICER, NENMARA BRANCH,
     11/596 H, VEERA COMPLEX, MAIN ROAD NEMMARA, PIN-678508.
  2. BRANCH MANAGER, CANARA BANK NENMARA BRANCH, 11/596 H, VEERA COMPLEX,
     MAIN ROAD NEMMARA, PIN-678508.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend time to
deposit the amount as ordered on 11/04/2024 by a reasonable period as may
be fixed by this Hon'ble court in the interest of justice.

     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Final Order dated
11/04/2024 and upon hearing the arguments of M/S. SREENATH VIJAYARAGHAVAN
& AKHILA C., Advocates for the petitioners and of M/S. GOPIKRISHNAN
NAMBIAR M., K. JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C.
ABRAHAM & RAJA KANNAN, Advocates for the respondents, the court passed the
following:
                            N. NAGARESH, J.
                          ----------------------------
                             I.A No.1 of 2024
                                       in
                      W.P. (C) No.15005 of 2024
               --------------------------------------------------
                 Dated this the 27th day of June, 2024

                                ORDER

This is an application to extend time to deposit the amount as ordered in the judgment dated 11.04.2024 in W.P.(C) No.15005 of 2024 by a reasonable period as may be fixed by this Court.

2. The writ petition was disposed of directing the petitioners to remit an amount of Rs.1,50,000/- on or before 30.04.2024 and to submit requisite documents to the Bank for renewal of Overdraft account.

3. It is evident that in spite of expiry of nearly two months after the deadline, the petitioner could pay only Rs.50,000/-.

4. In the circumstances of the case, I am not inclined to grant any extension of time. I.A No.1 of 2024 in WP(C) No.15005 of 2024 :2: I.A is therefore dismissed. It will be open to the petitioner to approach the Bank for any further settlement in the matter.

Sd/-

N. NAGARESH JUDGE AMR