Friday vs For Information Purpose Only
2021 Latest Caselaw 11751 Ker

WP(C) 35667/2019                               1/4



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     Present:
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                    Friday,the 9th day of April 2021/19th Chaithra, 1943
                             IA1/2021 IN WP(C)/35667/2019(G)

PETITIONER/PETITIONER
           For information purpose only
RABIA,AGED 65 YEARS,
SURETY OF THE PRINCIPAL DEBTOR, W/O. LATE MUHAMMEDALY RESIDING,
AT KADEEJA MANZIL, VELIYAMCODE P.O., MALAPPURAM DISTRICT

RESPONDENTS/RESPONDENTS

1.THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. NO.4329,
REPRESENTED BY ITS GENERAL MANAGER (P AND D), P.B.NO 8, HEAD OFFICE,
MALAPPURAM, MALAPPURAM DISTRICT-676 505.

2.THE GENERAL MANAGER (P AND D),THE MALAPPURAM DISTRICT CO-
OPERATIVE BANK LTD NO.4329, P.B.NO.8, HEAD OFFICE,
MALAPPURAM, MALAPPURAM DISTRICT-676 505.

3.THE BRANCH MANAGER,THE MALAPPURAM DISTRICT CO-OPERATIVE BANK
LTD NO.4329, MARRANCHERRY BRANCH, PONNANI, MALAPPURAM
DISTRICT-676 505

        Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to revive and enlarge the time granted by this Honourable Court as per
Exhibit P20, and direct the respondents to accept the remaining amount of Rs.5,04,284/- to
clear out the entire loan amount as contained in Exhibit P6 letter after adjusting the remittance
of Rs.3,40,000/- made by the petitioner, in the interest 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 20-12-2019 and upon hearing the
arguments of M/S P.USHAKUMARI, Advocate for the petitioner in IA/WP(C) and of
SENIOR GOVERNMENT PLEADER, the court passed the following
 WP(C) 35667/2019                  2/4

  EXHIBIT P6 - PHOTOSTAT COPY OF THE LETTER DATED 18.4. 2019 ISSUED BY
THE 2ND RESPONDENT INTIMATING THE RESOLUTION TAKEN BY THE BOARD
OF DIRECTORS OF THE 1ST RESPONDENT PERMITTING THE PETITIONER TO PAY
OFF THE DEBT BY INSTALLMENTS

EXHIBIT P20: PHOTOSTAT COPY OF THE INTERIM ORDER IN IA No.2/2020 DATED
23-11-2020 IN WP(C) No.35667/2019 OF THIS HONOURABLE.


           For information purpose only
                     A.MUHAMED MUSTAQUE, J.

-------------------------------

I.A.No.1 of 2021 in W.P. (C) No.35667 of 2019

--------------------------------

Dated this the 9th day of April, 2021

For information O R D Epurpose R only This is an application for extension of time. The

petitioner submits that she is prepared to pay the

entire balance amount in the light of Ext.P6

determination. She was given sufficient time to

discharge the amount as reflected in Ext.P6. The

petitioner could not pay the amount within time. In

Ext.P6, the amount was quantified at Rs.8,44,284/- as

on 31.12.2019.

2. The learned Standing Counsel for the Bank

submits that the liability is now more than Rs.18

lakhs. Ext.P6 is only a quantification based on One

Time Settlement.

Taking note of the overall circumstances, I am of

the view that the petitioner pays the interest at 9%

for the defaulted amount mentioned in Ext.P6 and

clears the entire liability before the end of this

month, the petitioner should be given the benefit of

Ext.P6. The Bank can quantify the interest at 9% for I.A.No.1/2021 in

the defaulted amount as per Ext.P6 to claim the

balance amount. Accordingly, the extension petition

is allowed.

For information purpose only Sd/-

A.MUHAMED MUSTAQUE, JUDGE

ln

/true copy/ Sd/- ASSISTANT REGISTRAR