Sajid A.R vs The Authorized Officer
2023 Latest Caselaw 3844 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
          Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
                 IA.NO.1/2023 IN WP(C) NO. 26832 OF 2021(D)
PETITIONERS/PETITIONERS:

  1. SAJID A.R., AGED 55 YEARS, S/O. ABDUL RAHMAN, KUNNIL HOUSE, TC
     12/2919, NCC ROAD, AMBALAMUKKU, PEROORKADA P.O., THIRUVANANTHAPURAM
     DISTRICT, PIN-695 005.
  2. ABDUL NAVAS, AGED 52 YEARS, S/O. VAHID, THUNDVILIKAM, PUTHENVEEDU TC
     8/1379, VALIYAVILA THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT,
     PIN-695 006.

RESPONDENTS/RESPONDENTS:

  1. THE AUTHORIZED OFFICER, (UNDER SARFAESI ACT), THE KARAANA CO-
     OPERATIVE URBAN BANK, KARAMANA P.O., THIRUVANANTHAPURAM-695 002.
  2. THE BRANCH MANAGER, THE KARAMANA CO-OPERATIVE URBAN BANK, KARAMANA
     P.O., THIRUVANANTHAPURAM-695 002.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay further
proceedings initiated by the respondent bank and kindly allow the
petitioner to remit the pending installments as ordered by this Hon'ble
Court, in the interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.NAVEEN RADHAKRISHNAN, Advocate for the petitioners in IA/WP(C) and
of SRI.R.S.KALKURA, Advocate for the respondents in IA/WP(C), the court
passed the following:
                              GOPINATH P., J.

          ------------------------------------------------------------
                             I.A.No.1 of 2023
                                      IN
                       W.P.(C)No.26832 of 2021
          ------------------------------------------------------------
              Dated this the 30th day of March, 2023

                                 ORDER

I.A.No.1/2023

The learned counsel appearing for the respondent

bank submits that the petitioners paid a sum of Rs.2,50,000/-

(Rupees Two lakh Fifty Thousand only) towards the loan

liability on 29.03.2023. He submits that the balance overdue

amount is Rs.5,67,850/- (Rupees Five lakh Sixty Seven

Thousand Eight Hundred and Fifty only) and some further

indulgence can be granted to the petitioner to pay off that

amount.

2. Having heard the learned counsel for the

petitioners and the learned counsel appearing for the

respondent bank, the petitioners are permitted to pay off the

amount of Rs.5,67,850/- (Rupees Five lakh Sixty Seven

Thousand Eight Hundred and Fifty only) in five monthly

instalments starting from 17.4.2023. The amount does not I.A.No.1 of 2023 IN W.P.(C)No.26832 of 2021

include any accrued interest and costs. This shall be paid

separately.

It is made clear that no further extension of time

will be granted under any circumstances. All other conditions

in the judgment will continue to operate. The petitioners

shall pay the regular EMIs on the due date without fail.

Sd/-

GOPINATH P., JUDGE rkj

30-03-2023 /True Copy/ Assistant Registrar