Citation : 2023 Latest Caselaw 3018 Ker
Judgement Date : 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
IA.NO.1/2023 IN WP(C) NO. 31035 OF 2022
PETITIONER/PETITIONER:
SYED C.K., AGED 45 YEARS, S/O HAMSA,SAJANAS, NEAR RICE MILL,
MANKADAVU, P.O.AROLI, PAPPNINISSERY, KANNUR, PIN - 670561
RESPONDENTS/RESPONDENTS:
1. STATE BANK OF INDIA, REP. BY ITS CHIEF MANAGER, ASSET RECOVERY
MANAGEMENT BRANCH, STATE BANK OF INDIA, R.S. BUILDING, M.G.ROAD,
ERANAKULAM - , PIN - 682011
2. THE CHIEF MANAGER & AUTHORISED OFFICER STATE BANK OF INDIA,
RASMECCC, M.G.ROAD, KANNUR, PIN - 670001
3. MANAGER, STATE BANK OF INDIA PAPPINISSERY BRANCH, PB NO.2, RAHIM
BUILDING COMPLEX, P.O.PAPPINISSERI, KANNUR , PIN - 670561
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to i. To reschedule
and extend the time given by this Hon'ble Court in the judgment dated
26-10-2022 in the above writ petition for the repayment of due amount; and
ii. To restructure and reduce the amount payable in one installment;
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's Judgment
dated 26.10.2022 and upon hearing the arguments of M/S. MAHESH V
RAMAKRISHNAN & PRAVEEN K.S., Advocates for the petitioner, the court
passed the following:
BECHU KURIAN THOMAS, J.
========================
I.A. No. 1 of 2023
in
W.P.(C.) No. 31035 of 2022
========================
Dated this the 13th day of March, 2023
ORDER
This is an application to reschedule and extend the time given in
judgment dated 26.10.2022 for repayment of the amount due. Even
though, petitioner is bound to pay Rs.28,12,716/- in 20 equated
monthly installments, after payment of three installments, petitioner
started committing default. The installment for the month of February is
already due.
Having regard to the above circumstances and taking into
reckoning the payments already made, the time for payment of
installments for the month of February 2023 shall stand extended till
26th of April 2023. However, the remaining installments shall be paid, as
per the schedule fixed in the judgment dated 26.10.2022.
The application is allowed as above.
BECHU KURIAN THOMAS JUDGE
saap
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