Kerala High Court
Saseendhran vs The Secretary on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Monday, the 18th day of September 2023 / 27th Bhadra, 1945
IA.NO.1/2023 IN OP(C) NO. 2296 OF 2022
EP 18/2020 IN ARC 1101/2018 OF SUB COURT, MANJERI, MALAPPURAM
PETITIONER/ PETITIONER:
SASEENDHRAN, AGED 44 YEARS, CHERUTHALA HOUSE, POST VALAMBOOR,
VALIYAPARAMBU, MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER SHEEBA, W/O. SASEENDHRAN, AGED 38 YRS, CHERUTHALA
HOUSE, POST VALAMBOOR, VALIYAPARAMBU MALAPPURAM DISTRICT, PIN -
679325
RESPONDENTS/ RESPONDENTS:
1. THE SECRETARY, ANGADIPPURAM SERVICE CO-OPERATIVE BANK LTD, POST
ANGADIPPURAM, MALAPPURAM DISTRICT, PIN - 679321
2. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL),
PERINTHALAMANNA, OFFICE OF THE ASSISTANT REGISTRAR CO-OPERATIVE
SOCIETIES (GENERAL), PERINTHALMANNA, POST PERINTHALMANNA, PIN -
679322
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
extending the number of remaining 5 instalments to 10 to pay off the
balance amount as directed by this Hon'ble Court by virtue of its order
dated 20-12-2022.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 20-12-2022, and upon hearing the arguments of SMT. RAIHANATH T.H,
Advocate for the petitioner and of Sri. U.K.DEVIDAS, Advocate for the
respondent 1, the court passed the following:
[PTO]
C.S DIAS,J.
---------------------------
IA No.1 of 2023
in
OP(C) No. 2296 of 2022
-----------------------------
Dated this the 18th day of September, 2023
ORDER
The application is filed to extend the time period
fixed by this Court in the judgment passed in the above
original petition, by granting the petitioner ten more
instalments to pay the balance amount in EP No.18/2020
on the file of the Court of the Subordinate Judge,
Manjeri.
2. The petitioner has averred in the affidavit filed
in support of the application that, this Court had allowed
the original petition by permitting the petitioner to pay
the entire outstanding amount due as per Ext P2 award
IA No.1 of 2023
in
OP(C) No. 2296 of 2022
in twelve equated monthly instalments commencing
from 16.1.2023. In compliance with the said judgment,
the petitioner has paid seven instalments without any
default. But, as she had to incur medical expenses due
to the hospitalisation of her relative, she is in grave
financial difficulty. Hence, the time period fixed by
this Court in paying the remaining five instalments may
be enlarged by a further ten instalments.
3. Heard; Smt.Raihanath.T.H, the learned counsel
appearing for the petitioner and Sri.U.K Devidas, the
learned counsel appearing for the first respondent.
4. Having considered the pleadings and materials
on record and taking note of the fact that the petitioner
has already paid seven instalments as directed by this
IA No.1 of 2023
in
OP(C) No. 2296 of 2022
Court, I am inclined to take a lenient view in the matter
by permitting the petitioner to pay the remaining five
instalments commencing from 1.11.2023.
Resultantly, the application is allowed. The
petitioner is permitted to pay the balance award amount
in five equated instalments commencing from
1.11.2023. Needless to mention, if the petitioner fails to
pay the balance amount as directed above, clause (iii)
of the operative portion of the judgment shall come into
force.
sd/-
sks/18.9.2023 C.S.DIAS, JUDGE
18-09-2023 /True Copy/ Assistant Registrar
