Santha vs The Trichur Urban Co-Operative ...
2022 Latest Caselaw 5839 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
           Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
                 IA.NO.1/2022 IN WP(C) NO. 29148 OF 2021(P)
PETITIONER/PETITIONER:

     SANTHA, W/O.VELAYUDHAN, AGED 60 YEARS, THALEPARAMBIL HOUSE,
     KAIPPILLY, MINI ESTATE ROAD, ARIMBOOR P.O., PIN - 680 620.

RESPONDENT/RESPONDENT:

     THE TRICHUR URBAN CO-OPERATIVE BANK LTD REP. BY THE AUTHORIZED
     OFFICER, HEAD OFFICE, MISSION QUARTERS, THRISSUR - 680 001.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the time
for remitting the subsequent equated monthly installment by two months, as
ordered by this Hon'ble Court in judgment dated 16.12.2021 in the above
case, 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
16/12/2021 and upon hearing the arguments of SRI. FRANKLIN ARACKAL,
Advocate for the petitioner in I.A./WP(C) and of SRI. DEVAPRASANTH P.J.
for respondent in IA/WP(C), the court passed the following:




                                                            P.T.O
                MURALI PURUSHOTHAMAN, J.
            =================================
                         I.A No.1 of 2022
                                 in
                    W.P.(C) No.29148 of 2021
            =================================
                Dated this the 31st day of May, 2022

                                ORDER

The captioned writ petition was disposed of as per judgment

dated 16.12.2021 with the following directions:-

"5. Accordingly, there will be a direction to the petitioner to pay an amount of Rs.50,000/- on or before 31.12.2021 and the balance outstanding amount in six equal monthly instalments, commencing from 10.01.2022. In case the petitioner defaults payment of any one of the instalments as aforesaid, the Bank will be free to proceed in pursuance of Ext.P2 and in accordance with law."

2. The petitioner has filed this interlocutory application to

enlarge the time for remitting the subsequent equated monthly

instalments, by two months. The petitioner has stated in the affidavit

filed in support of the I.A that owing to the illness of her son and

husband, she could not deposit the amount as directed in the aforesaid

judgment.

3. Heard the learned counsel for the petitioner and the learned

standing counsel for the Bank.

Having regard to the facts and circumstances of the case and the

submissions made by the counsel on either side, the petitioner is

permitted to remit the subsequent equated monthly instalments on

condition that she remits an amount of Rs.1,00,000/- (Rupees one

lakh) on or before 10.6.2022. The petitioner shall pay the balance

amount in four equal monthly instalments commencing from

10.7.2022. In case the petitioner fails to make any of the instalments

as above, the Bank will be free to proceed against her, in accordance

with law.

Sd/-

MURALI PURUSHOTHAMAN Judge

spc/

31-05-2022 /True Copy/ Assistant Registrar