Chandrachoodan.N.S vs The Branch Manager
2024 Latest Caselaw 4838 Ker

Kerala High Court

Chandrachoodan.N.S vs The Branch Manager on 7 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
         Wednesday, the 7th day of February 2024 / 18th Magha, 1945
                  IA.NO.1/2024 IN WP(C) NO. 38348 OF 2023
APPLICANT/PETITIONER:

     CHANDRACHOODAN N.S., AGED 63 YEARS, S/O. K. SREEDHARAN NAIR,
     HASEENA MANZIL, KARA 19, TC 329, VATTIYOORKAVU (P.O),
     THIRUVANANTHAPURAM, PIN-695013, NOW RESIDING AT ANITHA BHAVAN,
     KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695605

RESPONDENTS/RESPONDENTS:

  1. THE BRANCH MANAGER, HDFC BANK, VAZHUTHACAUD BRANCH, VAZHUTHACAUD,
     THYCAUD (P.O), THIRUVANANTHAPURAM, PIN - 695014
  2. THE AUTHORISED OFFICER, HDFC BANK LIMITED, RETAIL PORTFOLIO
     MANAGEMENT, HDFC HOUSE, VAZHUTHACAUD, POST BOX NO. 2288,
     THIRUVANANTHAPURAM, PIN - 695010

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
fixed by this Honourable Court in Annexure 1 judgment to remit the first
two instalments of the EMls for a further period of 3 months.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's final order
dated 27.11.2023 and upon hearing the arguments of M/S.GOPAKUMAR
R.THALIYAL, T.S.RAJASENAN & R.B.BALACHANDRAN, Advocates for the petitioner
and of M/S. K.K.CHANDRAN PILLAI (SR.), AMBILY S, RUPA R. NAIR & MATHEW
JOSEPH BALUMMEL, Advocates for R2, the court passed the following:
                        N. NAGARESH, J.
                       ----------------------------
                          I.A.No.1 of 2024
                                    in
                   W.P.(C) No.38348 of 2023
            --------------------------------------------------
            Dated this the 7th day of February, 2024


                             ORDER

The petitioner states that though the petitioner

made payment of installments as directed by this Court, in

the meanwhile he could not pay the regular EMIs. The

petitioner seeks time to pay the arrears of EMI accrued

since November, 2023.

2. Standing Counsel submits that the arrears that

will be arising out of the directions contained in the

judgment dated 22.11.2023 in W.P.(C) No.38348 of 2023

would be ₹2,40,250/- approximately and if the said amount

is paid by 22.02.2024 and the petitioner sticks to the

directions contained in the judgment thereafter, the account

will be standardised as per the judgment of this Court.

3. This Court is not inclined to grant any further

time for making payment of EMI.

Recording the submission made by the Standing

Counsel for the respondents, the I.A. is closed.

Sd/-

N. NAGARESH JUDGE SR