Philomina Roy vs Kerala State Financial Enterprises ...
2024 Latest Caselaw 6069 Ker

Kerala High Court

Philomina Roy vs Kerala State Financial Enterprises ... on 23 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
                IA.NO.1/2024 IN WP(C) NO. 31558 OF 2023 (T)
APPLICANT/PETITIONER:

     PHILOMINA ROY, AGED 38 YEARS, W/O. ROY P.K, PUTHAKULANGARA, ATHOLI,
     ATHOLI-673315.

RESPONDENTS/RESPONDENTS:

  1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, KOZIKODE EVENING BRANCH,
     2ND FLOOR, AMBEDKAR BUILDING, LINK ROAD, KOZHIKODE DISTRICT-673001
     REPRESENTED BY ITS MANAGER
  2. THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT CIVIL STATION,
     ERANHIPPALAM, KOZHIKODE, PIN-673020
  3. THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LIMITED, KALLAYI ROAD,
     KOZHIKODE-673002
  4. THE VILLAGE OFFICER, ATHOLI, KOZHIKODE DISTRICT-673304


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the time to
comply with the judgment of this Honorable Court dated 27-09-2023 for the
payment of remaining amount due by granting time from 01-02-2024 along
with regular EMI in the interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 27.9.2023 and upon hearing the arguments of SRI.K.V.SREE VINAYAKAN,
Advocates for the petitioner in I.A/WP(C) and of SRI.SALIL NARAYANAN K.A.,
STANDING COUNSEL for KSFE in IA/WP(c), the Court passed the following:
                    DEVAN RAMACHANDRAN, J.
             =========================
           I.A.No.1/2024 in W.P. (C) Nos.31558, 31671
                          & 31697 of 2023
            ==========================
             Dated this the 23rd day of February, 2024

                            ORDER

The petitioner in these cases concedes that she did not

comply with the directions in the judgment of this Court but

did pay the defaulted amounts slightly later than permitted.

She thus prays that the time frame in the judgment be

extended so as to enable her to pay off as per the instalments

fixed therein.

2. Sri.Salil Narayanan - learned standing counsel for the

KSFE, submitted that, on account of the default committed by

the petitioner subsequent to the judgment, some amounts have

now become overdue. He submitted that, therefore, if the

petitioner pays off the overdue and regularises the instalments

as ordered by this Court on or before 31.03.2024, he will not

stand in the way of orders being issued in this application.

In the afore circumstances, I allow this application

extending the time frame for the petitioner to pay off the

defaulted instalments, including the one for the month of

March, 2024, on or before 31.03.2024. If this is done, the I.A.No.1/2024 in W.P. (C) Nos.31558, 31671 & 31697 of 2023

petitioner will be at full liberty to pay off the balance in the

same manner as has been ordered by this Court in the

judgment.

Sd/- DEVAN RAMACHANDRAN, JUDGE stu

23-02-2024 /True Copy/ Assistant Registrar