Ashok Kumar vs Sri Gokulam Chits & Finance ...
2023 Latest Caselaw 9343 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
           Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
                  IA.NO.1/2023 IN OP(CRL.) NO. 354 OF 2023

CRA.NO.17/2023 OF DISTRICT & SESSIONS COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL,
                                   KALPETTA


 PETITIONER/APPELLANT:


        ASHOK KUMAR,

        S/O.GANGADHARAN NAIR, AGED 54 YEARS,

        THIRIKOTH HOUSE, BLUE GINGER RESORTS, VYTHIRI POST,

        WAYANAD DISTRICT, PIN - 673576


 RESPONDENT/RESPONDENTS:


  1.    SRI GOKULAM CHITS & FINANCE COMPANY PVT. LTD.,

        NO.66, ARCOT ROAD, KODAMBAKKAM, CHENNAI-600024

        REPRESENTED BY ITS ASSISTANT MANAGER SUNIL K.N.,

        S/O.NARAYANAN, KADAMCHIRAYIL HOUSE, MYLAMBADI POST,

        MEENANGADI POST, SULTHANBATHERY TALUK,

        WAYANAD DISTRICT, PIN - 670644

  2.    STATE OF KERALA

        REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

        ERNAKULAM, PIN - 682031


       Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the period
for complying with the condition for making the deposit by 1 month from
14-08-2023, in the interest of justice.


       This petition coming on for orders again on 25/08/2023 upon
perusing the application and the affidavit filed in support thereof, and
this Court's judgment dated 04/07/2023 and upon hearing the arguments of
M/S.ABRAHAM MATHEW (VETTOOR) and ANIL ABEY JOSE, Advocates for the
petitioner and of M/S.K.S.BABU and N.SUDHA, Advocates for the 1st
respondent and PUBLIC PROSECUTOR for 2nd respondent, the court passed the
following:
                       V.G.ARUN, J.
              ============================
                    I.A.No.1 of 2023
                           in
               O.P.(Crl) No.354 of 2023
               ---------------------------
        Dated this the 25th     day of August, 2023

                            ORDER

During the pendency of the original petition,

the petitioner deposited 10% of the cheque amount

and requested for extension of time to remit the

balance 10%. As the time limit granted by this

Court by 14.08.2023, this application is filed

seeking further extension of the time limit.

2. Learned Counsel for the petitioner

submitted that despite sincere efforts, the

petitioner was unable to raise the requisite

amount of money for complying with this Court

direction.

3. Learned Counsel for the respondent

stoutly opposed the prayer for extension and

submitted that rather than granting extension, it

would be appropriate to direct the appellate

court to decide the appeal itself.

I.A.No.1 of 2023 in O.P.(Crl) No.354 of 2023

Considering the impecunious circumstances

pointed out, I am inclined to grant the

petitioner two weeks' further time from today for

complying with the direction, but as a last

chance. If the direction is not complied with,

the courts below shall take steps for executing

the warrant. Needless to say, the appellate court

shall also try to hear and dispose the appeal at

the earliest.

Sd/-

V.G.ARUN JUDGE Scl/

25-08-2023 /True Copy/ Assistant Registrar