Biju vs The Authorized ...
2023 Latest Caselaw 3612 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
                  IA.NO.1/2023 IN WP(C) NO. 38757 OF 2022
PETITIONER:

     BIJU, AGED 45 YEARS, S/O APPU M, AGED 45 YEARS, RESIDING AT BIJU
     NIVAS, ARUVIKUZHI, VEERANAKAVU, THIRUVANANTHAPURAM, PIN - 695572

RESPONDENTS:

  1. CANARA BANK, REPRESENTED BY THE AUTHORIZED OFFICER/DIVISIONAL
     MANAGER REGIONAL OFFICE, 2ND FLOOR, CARMEL TOWERS, OPP COTTON HILL
     SCHOOL, VAZHUTHACAUD, THIRUVANANTHAPURAM , PIN - 695014
  2. THE BRANCH MANAGER, CANARA BANK NALANCHIRA BRANCH,
     THIRUVANANTHAPURAM , PIN - 695015

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to this Hon'ble Court
may be pleased to revive and extend the time granted for payment of the
overdue amount granted as per Judgment dated 6th December, 2022 in W.P.(c)
38757/2022 and grant the Petitioner a further period of two months from
6th May, 2023 by extending the original period for payment as per the
Judgment along with a direction to the Respondent to permit the Petitioner
to take the belonging kept in the building including the uniforms, school
books/bags kept in the building seized by the Bank and to keep all further
coercive actions in pending for till the extended first installment date.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's Judgment
dated 06.12.2022 and upon hearing the arguments of M/S. MEENA.A. & VINOD
RAVINDRANATH,    Advocates for the petitioner, the court passed the
following:
                       BECHU KURIAN THOMAS, J.
                      -----------------------------------------
                               I.A.No.1 of 2023
                                          in
                         W.P.(C) No.38757 of 2022
                       ----------------------------------------
                  Dated this the 29th day of March, 2023


                                   ORDER

The learned counsel for the respondents upon instructions submitted

that, since no amounts have been paid by the petitioner, possession of the

property has already been taken.

In view of the above, this application for extension of time cannot lie.

However, if the petitioner wants to take out any of his articles from the

house which was already taken possession of, he shall be at liberty to apply

to the respondent Bank and if such an application is filed, the same shall be

considered with all earnestness, without delay.

BECHU KURIAN THOMAS JUDGE AJM/29/3/23