Sumeesh K.S vs The Branch Manager
2022 Latest Caselaw 12455 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                  IA.NO.2/2022 IN WP(C) NO. 11351 OF 2022
PETITIONER:

     SUMEESH K.S., AGED 46 YEARS, S/O. SUBRAMANNIYAN, KALATHIL HOUSE,
     PAYBAZAR, ERIYAD, THRISSUR, PIN - 680666.

RESPONDENTS:

  1. THE BRANCH MANAGER, THE KERALA STATE CO-OPERATIVE BANK LTD, ERIYAD
     BRANCH, THRISSUR - 680666.
  2. AUTHORIZED OFFICER, THE KERALA STATE CO-OPERATIVE BANK LTD, ERIYAD
     BRANCH, THRISSUR - 680666.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extent the time of
payment of first installment from 29.4.2022 to 01.01.2023 and subsequent
payments of installments from 01.02.2023 onwards, 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 order dated
07.06.2022, Judgment dated 31.03.2022 and upon hearing the arguments of
M/S. I.DINESH MENON & L.RAJESH NARAYAN, Advocates for the petitioner, the
court passed the following:
                               BECHU KURIAN THOMAS, J.
                               --------------------------------
                                     I.A.No.2 of 2022
                                              in
                                W.P.(C) No.11351 of 2022
                              ---------------------------------
                        Dated this the 23rd day of December, 2022

                                        ORDER

This is an application to extend the time for payment of the instalments

stipulated by judgment dated 31.03.2022. This Court had by the said judgment

granted 15 instalments.

2. The learned counsel for the respondent submitted that no amounts

directed as per the judgment has been paid till date.

3. The learned counsel for the petitioner, however, submitted that the entire

amount directed to be paid will be cleared within the outer limit of 15 months already

granted by this Court.

4. Having considered the aforesaid submissions, I grant one month's time to

the petitioner to clear the entire liabilities due as on 29.12.2022 as per the judgment.

Accordingly, if the petitioner clears the entire amounts due up till 29.12.2022, as

stipulated in the judgment on or before 23.01.2022, petitioner shall be eligible to pay

the remaining instalments specified in the judgment. It is clarified that if the

petitioner commits default in paying the amount, within the said date, the benefit of

this order shall not enure to him. Needless to mention, the regular EMIs shall also be

continued to be paid.

BECHU KURIAN THOMAS, JUDGE

RKM I.A.No.2 of 2022 in W.P.(C) No.11351 of 2022

Corrigendum Dated 24.12.2022

'23.01.2022' shown in the 4th paragraph of the order shall stand corrected and

read as '23.01.2023'.

BECHU KURIAN THOMAS, JUDGE RKM