For Information Purpose Only vs Jayakrishnan K.P.R
2021 Latest Caselaw 8039 Ker

IA/1/2021 IN WP(C) 7755/2020             1/5




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
                      THE HONOURABLE MR.JUSTICE V.G.ARUN

               Tuesday,the 9th day of March 2021/18th Phalguna, 1942

   For    information               purpose only
                   IA/1/2021 IN WP(C)/7755/2020 (T)
PETITIONER/PETITIONER
      JAYAKRISHNAN K.P.R, AGED 56 YEARS,
      S/O. K.P. RAMASWAMY ACHARI, RESIDING AT 'KRISHNA BHAVAN',
      THAMARAKULAM, GANAPATHY NAGAR, 171,CHINNAKKADA P.O.,
      KOLLAM-691001.
RESPONDENTS/RESPONDENTS
1.  THE MANAGER, KOLLAM CO OPERATIVE URBAN BANK LTD.,
    KOLLAM-691001.
2.  THE AUTHORIZED OFFICER,
    KOLLAM CO-OPERATIVE URBAN BANK LTD, 960, KOLLAM-691001.


        Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to extent the period of payment from
01.02.2021 to 01.05.2021 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 13.3.2020 and
order dated 30.9.2020 in IA No.1/20 and upon hearing the arguments of
M/S.PRATHEESH P., ANJANA KANNATH & REKHA.S, Advocates for the
petitioner in IA/WP(C) and of SRI.D.P.RENU, Advocate for Respondents in
IA/WP(C), the court passed the following:


                                                                              p.t.o
msv/2     11.3.21
                           V.G.ARUN, J.
               ============================
                    I.A.No. 1 of 2021
                            in
                  W.P.(C) No.7755 of 2020

 ForDated
      information       purpose       only
                ---------------------------
          this the 09 day       th
                          of March, 2021

                             ORDER

This is an application seeking further

extension of the time fixed for payment of the

amount due from the petitioner to the first

respondent Bank. The writ petition was disposed

by judgment dated 13.03.2020, permitting the

petitioner to pay an amount of Rs.50,000/- on or

before 31.03.2020 and the balance amount of

Rs.7,50,000/- in six equal monthly instalments,

commencing from 15.04.2020. Thereafter, the

petitioner filed I.A.No.1 of 2020 seeking

extension of the time limit and by order dated

30.09.2020, the prayer for extension was allowed,

subject to the petitioner remitting the entire I.A.No. 1 of 2021 in W.P.(C) No.7755 of 2020

balance amount within four months commencing from

15.10.2020 onwards. The present interlocutory

For information purpose only application is filed seeking further extension of

the time for payment, from 01.02.2021 to

01.05.2021. Various reasons like, the prevailing

pandemic, the resultant lockdown, the illness of

the petitioner's wife and set back in the

business, are stated in support of the request

for extension.

2. Learned Counsel for the first respondent

Bank raised strong objection against further

extension and pointed out the last sentence in

the previous order, wherein this Court had made

it clear that failure to remit any one of the

installments would result in the benefit of the

judgment being withdrawn. It is pointed out by

the learned Counsel for the first respondent

that, as on today, the outstanding arrears alone

will come to Rs.9,56,659/-.

I.A.No. 1 of 2021 in W.P.(C) No.7755 of 2020

3. Learned Counsel for the petitioner

submits that if two months' period is granted as

For information purpose only a last chance, the petitioner will wipe off the

entire arrears.

4. In view of the extension already

granted, it may not be appropriate to grant

further extension, as is contended by the learned

Counsel for the first respondent.

5. Thereafter, the petitioner was put on

notice through their Counsel that failure to

comply with the condition will be treated as

violation of this Court's direction and will

result in Contempt of Court proceedings being

initiated against him. Learned Counsel assured

that there will be no occasion to initiate

contempt action since the petitioner will abide

by the direction.

In the result, the petitioner is granted time

till 09.05.2021 for paying the entire arrears due I.A.No. 1 of 2021 in W.P.(C) No.7755 of 2020

to the first respondent Bank.

Post the writ petition on the re-opening date

For information purpose only for reporting compliance and in case of failure,

to initiate contempt action against the

petitioner.

Sd/-

V.G.ARUN JUDGE Scl/09.03.2021

/true copy/ Sd/- ASSISTANT REGISTRAR