Boby Aloshius vs The Idbi Bank Limited
2022 Latest Caselaw 4951 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
            THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                        WA NO. 553 OF 2022
 AGAINST THE JUDGMENT IN WP(C) 6744/2022 OF HIGH COURT OF KERALA
APPELLANT/1ST PETITIONER IN W.P.(C)NO.6744/2022:

          BOBY ALOSHIUS,
          AGED 36 YEARS
          S/O. L. ALOSHIUS, DHANYA KALLAMAM, PANNIYODE P.O,
          VEERANKAVU, POOVANCHAL, THIRUVANANTHAPURAM- 695 575.

          BY ADV M.R.SARIN



RESPONDENTS/RESPONDENTS/2ND PETITIONER IN WP(C)NO.6744/2022:

    1     THE IDBI BANK LIMITED,
          LEGAL DEPARTMENT, CORPORATE OFFICE, IDBI TOWER, MUMBAI
          400 005, REPRESENTED BY ITS AUTHORIZED OFFICER/ DEPUTY
          GENERAL MANAGER.

    2     THE IDBI BANK LTD.,
          DEV PLAZA, TC. 43 / 422(2) , KAMALASWARAM, MANACAUD
          P.O, THIRUVANANTHAPURAM- 695 009, REPRESENTED BY ITS
          BRANCH MANAGER.

    3     GLADIS ANNA MANI,
          AGED 33 YEARS
          D/O. LEELAMMA, DHANYA KALLAMAM, PANNIYODE P.O,
          VEERANKAVU, POOVANCHAL, THIRUVANANTHAPURAM 695 575.

          BY ADV M.S.KIRAN   SC


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 553 OF 2022
                                      2

                                JUDGMENT

Devan Ramachandran,J.

Interestingly, this appeal has been

preferred only because the learned Judge

limited the number of instalments to 'ten'

rather than 'fifteen' as was prayed for.

2. Sri.M.S.Kiran - learned Standing

Counsel appearing for the respondent - Bank,

submitted that the reason why the number of

instalments was limited to 'ten' is because

the term of the loan will expire by

February, 2023. Pertinently, she agreed

that the extension can be granted until that

day, which will come to about 11 or 12

instalments.

3. We, therefore, asked Sri.M.S.Kiran

whether the appellant can be given some more WA NO. 553 OF 2022

latitude for enhancement of instalments to

'fifteen', particularly when it will be to

his detriment to pay larger interest during

that period. The learned counsel left it to

this Court to decide appropriately.

4. We have considered the materials on

record and we are of the view that since the

term of the loan will expire only by

February, 2023 and since the financial year

will close only by March, 2023, the

appellant can be offered some lenitude.

Resultantly, we allow this appeal, not

because we find anything in error in the

judgment of the learned Single Judge, but

solely as a last opportunity to the

appellant; and thus enhance the number of

instalments for payment, as ordered by the WA NO. 553 OF 2022

learned Single Judge, making it 'fifteen'

instead of 'ten'.

In all other respects the impugned

judgment remain unaltered.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

Sd/-

                                   P.G. AJITHKUMAR
   SAS                                   JUDGE