Kerala High Court
Aysha Kandoth Kunnummal vs Kerala State Co-Operative Bank ... on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
IA.NO.1/2023 IN WP(C) NO. 8003 OF 2022
PETITIONER/PETITIONER:
AYSHA KANDOTH KUNNUMMAL, AGED 74 YEARS,
W/O. ABOOTTY, KC HOUSE, (A1-SHAB),
P.O.MOOZHIKKARA, THALASSERY, KANNUR DISTRICT, KERALA - 670 103
RESPONDENT/RESPONDENTS:
1. KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE,
THIRUVANANTHAPURAM, REP. BY ITS AUTHORIZED OFFICER, KANNUR REGIONAL
OFFICE, PIN - 670 001.
2. THE AUTHERIZED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD.,
(FORMERLY KNOWN AS KANNUR DISTRICT CO-OPERATIVE BANK LTD.), KANNUR
REGIONAL OFFICE, KANNUR - 670 001.
3. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., (FORMERLY
KNOWN AS KANNUR DISTRICT CO-OPERATIVE BANK LTD.), MANJODI BRANCH,
THALASSERY, KANNUR DISTRICT - 670 101.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant extension of
time to repay the overdue amount in 10 installments starting from
30-04-2023.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 10.03.2022 and upon hearing the arguments of SRI.T.T.MUHAMOOD,
Advocate for the petitioner and of M/S. A.RENJIT, V.E.ABDUL GAFOOR,
A.MOHAMMED SAVAD, NAZEER HUZAIN.H & T.R.VISHNU, Advocates for R1, the
court passed the following:
BECHU KURIAN THOMAS, J.
-----------------------------------------
I.A.No.1 of 2023
in
W.P.(C). No.8003 of 2022
----------------------------------------
Dated this the 30th day of March, 2023
ORDER
Petitioner was granted the benefit of repayment of the overdue
amount of Rs.6,56,000/- in '10' instalments commencing from
08-04-2022. He was also bound to pay the regular EMI's that
accrued every month. It is submitted that the petitioner defaulted in
the judgment of this Court and had paid only a paltry sum.
Petitioner seeks an extension of time for payment of the balance of
the overdue.
2. Having heard the learned counsel for the petitioner as well
as the learned counsel for the respondents who vehemently objected
to any grant of further instalments, I am satisfied that a minimal
extension of time can be granted.
3. Accordingly, the time to clear the entire overdue amount as
on date will be extended til 30-07-2023. If the petitioner fails to
clear the entire overdue amount that accrued till today within the
time stipulated respondents shall be free to proceed in accordance
with law.
I.A.No.1 of 2023
in
W.P.(C). No.8003 of 2022
4. It is clarified that under no circumstances shall any further
extension of time be granted. It is further clarified that the regular
EMI's due from the petitioner till date will also form part of the
overdue amount.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM/30/3/23
