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Kerala High Court
Mani vs Cholamandalam Investment And Finance ... on 22 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
IA.NO.1/2024 IN WP(C) NO. 11018 OF 2024
APPLICANT/PETITIONER:
MANI, AGED 58 YEARS , S/O NANI, CHATHANARIMEETHAL, CHATHANARI,
ORVAVIL P.O, KOZHIKODE , PIN - 673614
RESPONDENTS/RESPONDENTS:
1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD. FIRST FLOOR, DARE
HOUSE, 2, NSC, BOSE ROAD, CHENNAI, REPRESENTED BY ITS AUTHORISED
OFFICER, PIN - 600001
2. THE AUTHORISED OFFICER, CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
LTD., FIRST FLOOR, DARE HOUSE, 2, NSC, BOSE ROAD, CHENNAI , PIN -
600001
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
period fixed by this Hon'ble Court by two months from the 27/03/2024 for
remitting the amount directed by this Hon'ble Court vide judgment dated
20/03/2024 to secure the ends of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's final order
dated 20.03.2024 and upon hearing the arguments of M/S. M.S.AMAL DHARSAN
& NOEL JACOB, Advocates for the petitioner and of M/S, THOMAS T.VARGHESE,
PHILIP T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA & K.R.MONISHA Advocates
for the respondents, the court passed the following:
N.NAGARESH, J.
------------------------------------------------
I.A.No.1 of 2024
in
W.P.(C) No.11018 of 2024
-------------------------------------------------
Dated this the 22nd day of May, 2024
ORDER
By judgment dated 20.03.2024 in W.P.(C) No.11018 of 2024, it was directed that if the petitioner remits an amount of ₹25,000/- on or before 27.03.2024, coercive proceedings against the petitioner shall stand deferred for a period of three weeks to enable the petitioner to approach the Debts Recovery Tribunal.
2. The petitioner submits that the petitioner could not pay the amount within the stipulated date and subsequently when the petitioner offered the amount, the Bank is not accepting. Unless the Bank is directed to accept the amount and further proceedings are deferred for a period of three weeks as directed by this Court, the petitioner will be put to untold I.A.No.1 of 2024 in W.P.(C) No.11018 of 2024 2 hardship and loss.
3. The fact remains that this Court by judgment dated 20.03.2024 directed the respondents to defer coercive proceedings for a period of three weeks. More than two months have lapsed after the judgment. The petitioner had ample time to approach the Debts Recovery Tribunal during this time. The petitioner has not approached the Tribunal.
In the circumstances, I am not inclined to grant any further relief in this I.A. The I.A.No.1 of 2024 is therefore dismissed.
Sd/-
N.NAGARESH JUDGE hmh