Ameer Keloth vs Axis Bank Limited
2021 Latest Caselaw 23692 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                       WP(C) NO. 23849 OF 2021
PETITIONER :

          AMEER KELOTH,
          AGED 37 YEARS,
          S/O. ASSAINAR KALARIYIL, AMEER COTTAGE,
          ORKKATTIRI P.O., VATAKARA,
          KOZHIKODE DISTRICT-673 501.

          BY ADV C.BHASKARAN



RESPONDENT :

          AXIS BANK LIMITED,
          RETAIL ASSET CENTRE, 2ND FLOOR, GLOBAL TOWER,
          PARAYANCHERY, CALICUT-673 016,
          REPRESENTED BY ITS AUTHORISED OFFICER.

          BY ADVS.
          T.N.BINDU
          T.K.RAJESHKUMAR
          ASWIN K.R.
          APARNA SOMARAJAN
          MATHEWS BENNY
          AMMU.S




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23849 OF 2021
                                      2


                   BECHU KURIAN THOMAS, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
                    W.P.(C) No.23849 of 2021
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=
            Dated this the 30th day of November, 2021


                                     JUDGMENT

Notwithstanding all the earlier cases which the petitioner

had filed before this Court, respondent Bank agreed to wipe off the

entire liability of the petitioner on payment of Rs.30,00,000/-. To

show the bonafides of the petitioner, he had even paid an amount of

Rs.5,00,000/-. Thereafter petitioner has not paid the amount, in

spite of his submission to clear the entire liabilities by 30.11.2021.

However, as a last chance, petitioner seeks indulgence of 30 days

more time to pay the entire remaining liability of Rs.25,00,000/-.

2. Having regard to the circumstances now prevailing and

the willingness shown by the Bank to settle the liabilities for

Rs.30,00,000/-, I am of the opinion that petitioner should be granted

one last chance to clear the liability.

Accordingly petitioner is directed to deposit the balance

amount of Rs.25,00,000/- accepted by the respondent as sufficient to

settle the entire liability of the petitioner on or before 31.12.2021. If

there is any default in paying the amount as aforesaid, the bank is WP(C) NO. 23849 OF 2021

permitted to continue with the proceedings in accordance with law.

Under no circumstances will the petitioner be permitted to seek

extension of time or for any other purpose whatsoever to vary the

said time limit.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM WP(C) NO. 23849 OF 2021

APPENDIX OF WP(C) 23849/2021

PETITIONER'S EXHIBITS :

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 29.11.2017 IN WPC NO.38335 OF 2017.

Exhibit P2 THE TRUE COPY OF THE NOTICE DATED 25.9.2019 ISSUED BY THE ADVOCATE COMMISSIONER

Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 19.11.2019 IN WPC NO.29374/2019.

Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 17.12.2019 IN WPC NO.34609/2019.

Exhibit P5 A TRUE COPY OF THE SETTLEMENT LETTER DATED 27.9.2021 ISSUED BY THE RESPONDENT BANK TO THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE RECEIPT OF PAYMENT DATED 28.9.202.