Fairway Associates vs State Bank Of India
2022 Latest Caselaw 6054 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
          Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
                 IA.NO.1/2022 IN WP(C) NO. 25218 OF 2021(B)
PETITIONERS/PETITIONERS:-

  1. M/S.FAIRWAY ASSOCIATES, TC 36/1644 (2) SREEVARAHAM, VALLAKADAVU
     P.O., THIRUVANANTHAPURAM DISTRICT, PN-695 008, REPRESENTED BY ITS
     MANAGING PARTNER, ASHRAF.M.
  2. ASHARAF.M., AGED 55 YEARS, S/O. A.M.SALEEM, TC 43/320-2, BNRA 52
     (A), THAJ MANZIL, BALAVAN NAGAR, VALLAKADAVU P.O.,
     THIRUVANANTHAPURAM,PIN-695 008
  3. THAJINSA.P., AGED 51 YEARS W/O. ASHARAF.M.,TC 43/320-2, BNRA 52 (A),
     THAJ MANZIL, BALAVAN NAGAR, VALLAKADAVU P.O.,
     THIRUVANANTHAPURAM,PIN-695 008

RESPONDENTS:-

  1. STATE BANK OF INDIA STATE BANK BHAVAN, MADAME CAMA MARG, MUMBAI,
     PIN-400 021, REPRESENTED BY ITS CHAIRMAN
  2. BRANCH MANAGER, STATE BANK OF INDIA, MARAKADA ROAD BRANCH,
     P.B.NO.5752M, VIGNESHWARA BUILDING, TC 38/1463, POWER HOUSE ROAD,
     THIRUVANANTHAPURAM DISTRICT,PIN-695 036
  3. BRANCH MANAGER, STATE BANK OF INDIA, CHENTHITTA BRANCH,
     P.B.NO.5081,LAKSHMI BHAVAN, MARAKADA ROAD, THIRUVANANTHAPURAM
     DISTRICT, PIN-695 036
  4. CHIEF MANAGER, STRESSED ASSET RECOVERY BRANCH, STATE BANK OF INDIA,
     LMS COMPOUND, OPP MUSEUM WEST GATE, VIKAS BHAVAN P.O.,
     THIRUVANANTHAPURAM DISTRICT-695 033

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
prescribed in the judgment dated 09-12-2021 in WP(C)No.25218 of 2021 of
this Hon'ble Court for the payment of the fourth installment till
16-04-2022, 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 9/12/2021 and upon hearing the arguments of M/S.ADITHYA RAJEEV &
GIRISH KUMAR M.S, Advocates for the petitioners in IA/WP(C)and of
SRI.EASWARAN, Respondents in IA/WP(C), the court passed the following:
                            BECHU KURIAN THOMAS, J.
                      ========================
                             I.A. No. 1 of 2022
                                      in
                         W.P.(C) No. 25218 of 2021
                      ========================
                      Dated this the 1st day of June, 2022
                                      ORDER

I.A. No. 1 of 2022

This is an application to extend the time prescribed in

the judgment dated 09.12.2021 to pay the fourth instalment

till 16.04.2022.

Considering the contentions raised by the learned

counsel for the petitioners and after hearing the learned

counsel for the respondents, I am of the view that, this

application can be allowed.

Accordingly, time stipulated for payment of the fourth

instalment in the judgment dated 09.12.2021 shall stand

extended till 16.04.2022. In view of the said extension, the

proceedings initiated pursuant to the default committed by the

petitioner shall not be pursued further. The application is

allowed.

Sd/-

                                            BECHU KURIAN THOMAS
        LU                                        JUDGE

01-06-2022                    /True Copy/                        Assistant Registrar