Rajan.M vs Canara Bank
2023 Latest Caselaw 11822 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
        Thursday, the 16th day of November 2023 / 25th Karthika, 1945
                   IA.NO.1/2023 IN WP(C) NO. 30545 OF 2023
APPLICANT/APPLICANT:

RAJAN.M, AGED 58 YEARS, S/O. KUMARAN, C/O.SUJATHA, VADAKKAYIL PULLAPPALI
HOUSE, CHERUPARAMBA, THALASSERY, KANNUR DISTRICT, PIN-670693

RESPONDENTS/RESPONDENTS:

  1. CANARA BANK, PARAT BRANCH, REPRESENTED BY ITS BRANCH MANAGER, KANNUR
     DISTRICT, PIN-670693
  2. THE AUTHORISED OFFICER, CANARA BANK, PARAT BRANCH, KANNUR DISTRICT,
     PIN-670693


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extent the order
granted vide order dated 19-09-2023 for condition that the petitioner
remit the total amount of Rs. 23,01,902.17/- towards the loan liability in
six equal monthly instalments. The first instalments shall be paid on or
before 19-10-2023. But the petitioner not in a position to remit the first
instalment on the date. The petitioner is request to extent the one month
time to remit the first instalment. .


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's final order
dated 19.09.2023 in WP(C) and upon hearing the arguments of M/S.
M.ANUROOP, K.SUJITH MOHAN & MURSHID ALI M., Advocates for the petitioner
and of M/S. Gopikrishnan Nambiar M, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN
THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN & AKHILA NAMBIAR, Advocates for
the respondents, the court passed the following:
                                K.BABU, J
                  -------------------------------------------------
                               I.A No.1 of 2023
                                      in
                        W.P(C) No.30545 of 2023
                  --------------------------------------------------
              Dated this the 16th day of November, 2023

                               O R D E R

The petitioner has filed this interlocutory application seeking

extension of the time granted by this Court. As per judgment dated

19.9.2023, this Court disposed of the Writ Petition with the

following directions:

"(i) The petitioner shall remit the total amount of Rs.23,01,902.17/- together with any accrued interest and charges in six equal monthly instalments.

(ii) The first instalment shall be paid on or before 19.10.2023 and the subsequent instalments shall be paid on the last working day of every succeeding month.

(iii) The respondent Bank shall accept the loan amount remitted by the petitioner as stated above.

(iv) In the event of default of payment of any one instalment, the respondent Bank is entitled to proceed in accordance with law.

(v) The proceedings initiated under the SARFAESI Act against the petitioner shall be kept in abeyance to facilitate repayment as stated above.''

2. Heard both sides.

I.A No.1 of 2023 in

3. It is submitted that the petitioner has not complied

with the directions in the judgment.

4. The learned counsel for the petitioner seeks

permission to withdraw the application with liberty to approach

the Debts Recovery Tribunal. The permission sought for is

granted. Accordingly, the application is dismissed as withdrawn

with liberty to the petitioner to approach the Debts Recovery

Tribunal.

K.BABU JUDGE ab

Handover