Citation : 2023 Latest Caselaw 8199 Ker
Judgement Date : 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Tuesday, the 1st day of August 2023 / 10th Sravana, 1945
IA.NO.2/2023 IN WP(C) NO. 15832 OF 2022(D)
PETITIONER/PETITIONER:
VINOD MICHAEL, AGED 34 YEARS, SON MICHAEL, MANAKKAL HOUSE, NEAR SREE
MAHAVISHNU TEMPLE, ENGADIYUR, CHAVAKKAD, THRISSUR-680 615
RESPONDENTS/RESPONDENTS:
1. THE CHIEF MANAGER (AUTHORISED OFFICER), STATE BANK OF INDIA, RETAIL
ASSETS CENTRAL, PROCESSING CENTRE, 1ST FLOOR, VANKARATH TOWERS,
N.H.BYEPASS JUNCTION, PALARIVATTOM, EDAPPALLY P.O., KOCHI-682 024
2. BRANCH MANAGER, STATE BANK OF INDIA, PALARIVATTOM RACPC BRANCH, 1ST
FLOOR, VANKARATH TOWERS, N.H.BYEPASS JUNCTION, PALARIVATTOM,
EDAPPALLY P.O., KOCHI-682 024
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
from 30.04.2023 to comply with the directions contained in the judgment
dated 16.08.2022 by this Hon'ble court in the above Writ Petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 16.08.2022 and upon hearing the arguments of M/S.V.JOHN MANI,
JACKSON JOHNY, VARGHESE SABU, SETHULAKSHMI K.K. & DIANA LAURANCE PAUL,
Advocates for the petitioner in I.A./WP(C) and of SRI.K.K.CHANDRAN PILLAI
(SENIOR ADVOCATE) along with SMT.S.AMBILY, Advocate for the respondents in
I.A./WP(C), the court passed the following:
GOPINATH P., J.
========================
I.A.No.2 of 2023
in
W.P.(C)No.15832 of 2022
========================
Dated this the 01st day of August, 2023
ORDER
When this interlocutory application is taken up for
consideration today, it is the submission of the learned counsel
for the petitioner that all amounts payable by the petitioner in
terms of the directions contained in the judgment till
15.07.2023 have been paid. This is not disputed by the learned
counsel appearing for the respondent Bank.
2. The learned counsel for the petitioner submits that
the instalment payable on 15.08.2023 in terms of the judgment
may be postponed till 01.09.2023 and the future instalments
may also be postponed accordingly.
3. Having heard the learned counsel for the petitioner
and the learned counsel appearing for the respondent Bank, it is
directed that the instalment payable by the petitioner in terms
of the judgment on 15.08.2023 shall be deferred till 01.09.2023
and as a consequence, all the subsequent instalments shall be
paid in 13 monthly instalments commencing from 01.10.2023 W.P.(C)No.15832 of 2022
(in modification of the directions contained in the judgment). The
subsequent instalments shall be paid on or before the 1 st day of
subsequent month. It is made clear that under no circumstances
any further application for extension of time be considered. All
other terms in the judgment will continue to operate. The petitioner
will also be liable for any additional interest / costs for the delayed
payment.
Sd/-
GOPINATH P.
JUDGE DK
01-08-2023 /True Copy/ Assistant Registrar
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