Citation : 2022 Latest Caselaw 5876 Ker
Judgement Date : 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
IA.NO.1/2022 IN WP(C) NO. 6844 OF 2022(E)
PETITIONER/PETITIONER:
SALIM SHA, AGED 42 YEARS, S/O. M.K. SHAMSUDEEN, SHA MANZIL, KAIRALI
NAGAR 134 A, KALLUMTHAZHAM P.O., KOLLAM, KOLLAM DISTRICT - 691004.
RESPONDENTS/RESPONDENTS:
1. THE AUTHORIZED OFFICER UNDER SECURITIZATION ACT, THE QUILON CO-
OPERATIVE URBAN BANK LTD. NO. 960, HEAD OFFICE, YMCA ROAD, KOLLAM,
KOLLAM DISTRICT - 691001.
2. THE BRANCH MANAGER, THE QUILON CO-OPERATIVE URBAN BANK LTD.,
CHANDANATHOPPE BRANCH, CHANDANATHOPPE, KOLLAM DISTRICT - 691014.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
fixed to remit the second instalment for a further period of 6 months.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 08.03.2022 and upon hearing the arguments of M/S. R.RAJESH
(VARKALA), M.KIRANLAL, T.S.SARATH, MANU RAMACHANDRAN & SAMEER M NAIR,
Advocates for the petitioner in IA/WP(C) and of SMT.RENU D P ,STANDING
COUNSEL for the respondents in IA/W.P.(C)the court passed the following:
BECHU KURIAN THOMAS, J.
========================
I.A. No. 1 of 2022
in
W.P.(C) No.6844 of 2022
========================
Dated this the 31st day of May, 2022
ORDER
I.A. No. 1 of 2022
This is an application for extension of time to
remit the second instalment specified in the judgment
dated 08.03.2022.
2. The learned counsel for the petitioner submitted
that, though petitioner paid 1 st instalment as directed by
this Court, the remaining 2nd instalment could not be paid
and seeks for breathing time.
3. Smt. Renu D.P., the learned Standing Counsel for
the respondent vehemently opposed the extension of time.
4. However, considering the circumstances arising
in the case, I am of the view that, as a last chance an
extension time can be granted. Therefore, the balance
remaining two instalments directed in the judgment dated
08.03.2022 shall be paid by the petitioner in four equated W.P(C).NO.6844 OF 2022
monthly instalments.
The petitioner shall clear the entire balance
outstanding amount as on date in four equated monthly
instalments commencing from 30.06.2022 and the
remaining instalments shall be paid on or before 30 th day
of every succeeding month. The time stipulated in the
judgment dated 08.03.2022 shall stand extended to the
above extent.
Sd/-
BECHU KURIAN THOMAS JUDGE LU
31-05-2022 /True Copy/ Assistant Registrar
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