Abdul Shukoor P.V vs The Authorized ...
2021 Latest Caselaw 20026 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
          Friday, the 24th day of September 2021 / 2nd Aswina, 1943
                    IA.NO.2/2021 IN WP(C) NO. 189 OF 2020
PETITIONER/PETITIONER:

     ABDUL SHUKOOR P.V.,
     S/O. MUHAMMEDALI HAJI, AGED 58 YEARS,
     FATHIMA MANZIL, OTHAYI, PERAKAMANNA POST,
     MALAPPURAM DISTRICT - 676 541.

RESPONDENTS/RESPONDENTS:

  1. THE AUTHORIZED OFFICER/ASSISTANT GENERAL MANAGER, NILAMBUR CO-
     OPERATIVE URBAN BANK LTD NO. F 1043, NILAMBUR (P.O.), MALAPPURAM
     DISTRICT - 679 329.
  2. THE BRANCH MANAGER, NILAMBUR CO-OPERATIVE URBAN BANK LTD NO. F 1043,
     NILAMBUR, EDAVANNA BRANCH, EDAVANNA (P.O.), MALAPPURAM DISTRICT -
     676 541




     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge time to
comply with the order dated 07.01.2020 for a further period of 4 months
from first week of August, 2021.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 07.01.2020 in WP(C) and upon hearing the arguments of M/S.MILLU
DANDAPANI & PREMCHAND R.NAIR, Advocates for the petitioner in I.A/WP(C),
and of STANDING COUNSEL for Respondents in IA/WP(C), the court passed the
following:
                   ALEXANDER THOMAS, J.
       ======================================
                       I.A. No. 2 of 2021
                                in
                    WP(C) No. 189 of 2020
       ======================================
           Dated this the 24th day of September, 2021

                              ORDER

This is an application filed by the writ petitioner seeking

extension of time limit stipulated in the judgment dated 7.1.2020 in

above WP(C) in the matter of clearance of EMIs in a matter arising

out of the SARFAESI Act. The plea for extension of time is strongly

opposed by Sri.P.J.Devaprasanth, learned counsel appearing for the

respondent Nilamboor Co-operative Urban Bank Ltd. and would

point out that the judgment in this case has been rendered as early

as on 7.1.2020 and the time limit has expired long ago.

In view of the strong opposition of the respondent Bank and

since the matter is arising out of the SARFAESI Act, this Court is not

in a position to accede to the plea of the writ petitioner for extension

of time. However, dismissal of this I.A. will not preclude the

respondent Bank from considering any plea for time extension that

may be made by the writ petitioner, provided he convinces the Bank

about the bonafides inasmuch as, the time extension sought for by WP(C) No. 189 of 2020

him is only till the end of November, 2021.

With these observations and directions, the above I.A. will

stand closed.

H/O.

Sd/-

ALEXANDER THOMAS, JUDGE

MMG

24-09-2021 /True Copy/ Assistant Registrar