Naveen Mathew Philip vs M/S. South Indian Bank Ltd
2022 Latest Caselaw 5083 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                    &
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                         WA NO. 567 OF 2022
            ORDER IN I.A.No.5/2022 in WP(C) 30238/2021
                           .............
APPELLANTS/PETITIONERS/PETITIONERS:

    1      NAVEEN MATHEW PHILIP, AGED 39 YEARS, S/O. PHILIP
           MATHEW, PROPRIETOR M/S. PHILIP GRANO PRODUCTS,
           NOOROMAVU P.O., MALLAPPALLUY WEST, PATHANAMTHITTA
           689 589, THEKKENEDUMPLAKKAL HOUSE, MALLAPPALLY
           WEST P.O. PATHANAMTHITTA 689 585.

    2      MRS.CLEA JOSE, W/O. NAVEEN MATHEW PHILIP,
           THEKKENEDUMPLAKKAL HOUSE, MALLAPPALLY WEST P.O.,
           PATHANAMTHITTA 689 585.

    3      MRS.MARY PHILIP, W/O. PHILIP MATHEW, 11/165,
           THEKKENEDUMPLAKKAL HOUSE, MALLAPPALLY WEST P.O.,
           PATHANAMTHITTA 689 585.

    4      M/S.PEEGE AGRREGATES PRIVATE LTD., REPRESENTED BY
           ITS MANAGING DIRECTOR NAVEEN PHILIP, 11/165,
           THEKKENEDUMPLAKKAL HOUSE, MALLAPPALLY WEST P.O.,
           PATHANAMTHITTA 689 585.

    5      M/S.NPM GRANITES PVT. LTD., REPRESENTED BY ITS
           MANAGING DIRECTOR NAVEEN MATHEW PHILIP, 11/165,
           THEKKENEDUMPLAKKAL HOUSE, MALLAPPALLY WEST P.O.,
           PATHANAMTHITTA 689 585.

    6      M/S.P.G ROCK AND CONCRETE PRODUCTS PVT. LTD,
           REPRESENTED BY ITS MANAGING DIRECTOR NAVEEN MATHEW
           PHILIP, 126/V, THEKKENEDUMPLAKKAL HOUSE, OPP. CMS LP
           SCHOOL, MALLAPPALLY WEST, P.O. PATHANAMTHITTA 689 585.

           BY ADVS.SRI. P.HARIDAS
           BIJU HARIHARAN
           SHIJIMOL M.MATHEW
           P.C.SHIJIN
           RISHIKESH HARIDAS
 WA 567/22                         2




RESPONDENTS/RESPONDENTS/RESPONDENTS:

      1     M/S.SOUTH INDIAN BANK LTD., REP.BY ITS CHAIRMAN &
            MANAGING DIRECTOR, REGISTERED OFFICE, SIB HOUSE,
            TB ROAD, MISSION QUARTERS, THRISSUR-680 001.

      2     THE REGIONAL MANAGER, M/S. SOUTH INDIAN BANK
            LTD., 2ND FLOOR, TMJ COMPLEX, RAMANCHIRA,
            THIRUVALLA-689 107.

      3     THE MANAGER, M/S. SOUTH INDIAN BANK LTD.,
            MALLAPPALLY BRANCH, KARAKKAL BUILDING CENTRAL
            JUNCTION, MALLAPALLY WEST P.O., PATHANAMTHITTA,
            PIN-689 585.


OTHER PRESENT:

            BY ADV. SRI.SUNIL SHANKER




       THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA 567/22                               3




                                   JUDGMENT

Devan Ramachandran, J.

This appeal has been filed against the interim order of the

learned Single Judge, alleging that the extension sought for by them

ought not to have been granted as being 'the last chance'.

2. We, however, find nothing wrong in the view expressed by the

learned Single Judge and normally would have been persuaded to

dismiss this appeal.

3. However, the learned counsel for the appellants submitted

that his client is willing to pay the amounts as per the earlier interim

orders of the learned Single Judge on or before 16.05.2022, which

means within two weeks from the original date granted.

4. We, therefore, asked the learned Standing Counsel for the

Bank, who responded saying that time frames were fixed by the learned

Single Judge after hearing both parties and that this Court may take an

apposite decision in the matter.

Resultantly and solely as a manner of lenitude to the appellants,

we allow this appeal, not because we found against the order of the

learned Single Judge; thus extending the time frame for payment, as

ordered earlier, till 16.05.2022. We make it clear that no further

extensions can be asked by the appellants nor will be countenanced by

this Court.

Needless to say, coercive action taken against the appellants

will stand deferred until the afore date.

Sd/-

Devan Ramachandran, Judge

Sd/-

Sophy Thomas, Judge tkv