Kerala High Court
Haseena vs The Authorised Officer on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 9th day of November 2021 / 18th Karthika, 1943
IA.NO.1/2021 IN WP(C) NO. 19966 OF 2021(U)
PETITIONERS/PETITIONERS:
1. HASEENA, W/O. SHINAZ, SWASTHAM, VAYALIL HOUSE, MUKKAM P.O, KOZHIKODE
-673 602
2. SHINAZ, S/O.ABDULLAKOYA HAJI, SWASTHAM, VAYALIL HOUSE, MUKKAM P.O,
KOZHIKODE -673 602
RESPONDENT/RESPONDENT:
THE AUTHORISED OFFICER, THE CALICUT CO-OPERATIVE URBAN BANK LIMITED,
NUMBER 1538, KALLAI ROAD, KOZHIKODE 673 002
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time for
complying with the judgment dated 07.10.2021 by one month 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
07/10/2021 in W.P.(C) and upon hearing the arguments of M/S.SHARAN
SHAHIER, MINTU CHERIYAN & LILIN LAL,Advocates for the petitioners in
I.A/WP(C) and of SRI.DEVAPRASANTH.P.J., Advocate for the respondents in
I.A/WP(C), the court passed the following:
BECHU KURIAN THOMAS, J
==========================
I.A.No.1 of 2021
in
W.P.(C) No.19966 of 2021
---------------------------------------
Dated this the 9 th day of November, 2021
ORDER
This is an application for extension of time to pay
the first installment stipulated in the judgment dated
07.10.2021.
2. I have heard the learned counsel for the petitioners
as well as the learned counsel for the respondent.
3. Adv.Devaprasanth.P.J., the learned counsel for the
respondent vehemently opposes the grant of extension
of time and submitted that, petitioners are trying to
approach this Court as well as the Bank at the same
time and are raising different reasons seeking
extension of time. It was further submitted that
petitioners had approached the Bank offering to pay
the installment by 6 th of November; while before this
Court they are seeking one months time through the
I.A.No.1 of 2021
in
W.P.(C) No.19966 of 2021
present application filed on 05.11.2021.
4. On the other hand, the learned counsel for the
petitioners submitted that even though petitioners
tried their level best to pay the installment, due to
restrictive orders passed in the country of Qatar
against the 2 nd petitioner, they could not raise
sufficient funds to abide by the terms of the
judgment and if a breathing time of 30 days is
granted, they shall make all earnest efforts to pay
the installments as directed.
5. Having regard to the circumstances mentioned
above, and the situation now prevailing due to the
Covid-19 pandemic, I am of the opinion that
petitioners can be granted one more opportunity to
repay the amount as directed by this Court earlier.
Therefore, the period stipulated in the judgment
dated 07.10.2021 to pay the first instalment shall
stand extended by one month from the day
I.A.No.1 of 2021
in
W.P.(C) No.19966 of 2021
prescribed in the judgment.
6. Therefore, petitioners shall pay the first installment
of Rs.5,00,000/- as directed in the judgment dated
07.10.2021 on or before 30.11.2021, instead of
30.10.2021 provided in the judgment. Similarly the
date of payment of EMIs thereafter shall be paid on
or before 30.12.2021 onwards.
7. It is made clear that this extension is granted with
the rider that no further extension under any
circumstances will be granted.
The application is disposed of.
Sd/-
BECHU KURIAN THOMAS,
JUDGE
AMV/09/11//2021
09-11-2021 /True Copy/ Assistant Registrar
