Baburaj .D vs The Manager
2024 Latest Caselaw 10118 Ker

Kerala High Court

Baburaj .D vs The Manager on 5 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

WP(C) No.5743/2023                          1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
              Friday, the 5th day of April 2024 / 16th Chaithra, 1946
                      IA.NO.1/2024 IN WP(C) NO. 5743 OF 2023
   APPLICANTS/PETITIONERS:

      1. BABURAJ D., AGED 33 YEARS, S/O DAMODHARA CHANDHU, MONACHA,
         NEELESWAR, PUTHUKAI VILLAGE, HOSDURG, KASARAGOD - 671314.
      2. LATHA. T., AGED 55 YEARS, W/O DAMODHARA CHANDHU, MONACHA, NEELESWAR,
         PUTHUKAI VILLAGE, HOSDURG, KASARAGOD - 671314.
      3. DAHOMDHARA CHANDU, AGED 68 YEARS, S/O CHANDU MONACHA, MONACHA,
         NEELESWAR, PUTHUKAI VILLAGE, HOSDURG, KASARAGOD - 671314.

   RESPONDENTS/RESPONDENTS:

      1. THE MANAGER, ICICI BANK, KANHANGAD BRANCH, BANGACHERRY COMPLEX, T. B
         ROAD JUNCTION, KANHANGAD, KASARAGOD, KERALA., PIN - 671315.
      2. THE AUTHORIZED OFFICER ICICI BANK, KANHANGAD BRANCH, BANGACHERRY
         COMPLEX, T. B ROAD JUNCTION, KANHANGAD, KASARAGOD, KERALA, PIN -
         671315.
      3. DEPUTY TAHASILDAR, TALUK OFFICE, HOSDURG, KASARAGOD, KERALA, PIN -
         671315.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to extend time period
   granted for the repayment of the total loan amount as directed by this
   Hon'ble Court by two months, and direct the respondent to accept the
   amount in lumpsum from the petitioner herein, so as to secure the ends of
   Justice.


        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof, and this Court's
   Judgment dated 07.11.2023 and upon hearing the arguments of M/S. RAHUL
   SASI, NEETHU PREM and MANU K. MURALI, Advocates for the applicants in
   I.A./ petitioners in WP(C), STANDING COUNSEL for R1 in I.A./WP(C) and of
   GOVERNMENT PLEADER for R3 in I.A./WP(C), the court passed the following:
 WP(C) No.5743/2023                          2/2

                                       ORDER

This application for extension of time is opposed by Sri. S.Suresh, learned counsel, stating that the reasons stated in the affidavit filed in support of this application does not justify the prayer.

I have examined the affidavit and it is explained therein that the petitioner is attempting to make payment by sale of his property, but there has been delay in arranging the same. I do not find this to be capricious, and I am of the view that a last indulgence must be offered to him.

In the afore circumstances, this I.A. is allowed and the time frame in the judgement will stand extended by a period of two months from 25.03.2024.

Sd/- DEVAN RAMACHANDRAN, JUDGE

05-04-2024 /True Copy/ Assistant Registrar