Kerala High Court
Sulaiman vs The Kerala State Co-Operative ... on 27 October, 2023
WP(C) No.2625/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 27th day of October 2023 / 5th Karthika, 1945
IA.NO.1/2023 IN WP(C) NO. 2625 OF 2023
PETITIONER:
SULAIMAN, AGED 46 YEARS, S/O. AHAMMED KABEER, HI LOOK MANZIL,
MADUPPIKAVU, THATHAMANGALAM, PALAKKAD DISTRICT, PIN- 678102
RESPONDENTS:
1. THE KERALA STATE CO-OPERATIVE BANK LTD HEAD OFICE, PB NO.6515,
COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, PIN- 695033, REPRESENTED
BY ITS CHIEF EXECUTIVE OFFICER.
2. THE KERALA STATE CO-OPERATIVE BANK LTD, THATHAMANGALAM BRANCH,
TATHAMANGALAM, PALAKKAD DISTRICT, PIN- 678102 REPRESENTED BY ITS
AUTHORIZED OFFICER.
3. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD. NO.P 521 HPO ROAD,
SULTHANPET, PALAKKAD DISTRICT,PIN- 678001, REPRESENTED BY ITS
AUTHORIZED OFFICER.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to It is humbly prayed
that this Hon'ble Court may be pleased to enlarge the repayment schedule
for making remittances into the loan account of the petitioner the
respondent bank by 3 months from today.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's final order
25-01-2023 and upon hearing the arguments of M/S. JACOB SEBASTIAN,
K.V.WINSTON, ANU JACOB & DIVYA R. NAIR, Advocates for the petitioner, and
of SRI. M.SASINDRAN Advocate for the respondents, the court passed the
following:
WP(C) No.2625/2023 2/3
T.R.RAVI, J.
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W.P.(C) No.2625 of 2023
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Dated this the 27th day of October, 2023.
ORDER
I.A.No.1 of 2023
The petitioner seeks extension of time for payment of
instalments as directed by this Court.
2. The counsel for the respondents on instructions submits
that only 4 instalments have been paid and 4 instalments are in
arrears. The respondents hence object to the extension of time and
submit that if the petitioner pays the defaulted instalments along
with the next instalment, the directions in the judgment can be
restored and the payment can be continued in instalments.
In the above circumstances, there will be a direction to the
petitioner to pay the defaulted amounts along with the next
instalment, which is falling due on 25.11.2023 and continue to pay
the balance instalments as already directed in the judgment dated
25.01.2023.
Post on 28.11.2023.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) No.2625/2023 3/3
APPENDIX OF WP(C) 2625/2023
Exhibit-P1 A TRUE COPY OF THE NOTICE DATED 05.07.2017 ISSUED BY
THE THIRD RESPONDENT UNDER 13 (2) OF THE SARFAESI ACT.
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 12.11.2021 IN M.C
NO.46/2021 OF THE CHIEF JUDICIAL MAGISTRATE, PALAKKAD.
