Hazeeb P A vs Guruvayur Co-Operative Urban Bank Ltd
2024 Latest Caselaw 6252 Ker

Kerala High Court

Hazeeb P A vs Guruvayur Co-Operative Urban Bank Ltd on 29 February, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
        Thursday, the 29th day of February 2024 / 10th Phalguna, 1945
                   IA.NO.1/2024 IN WP(C) NO. 42837 OF 2023
PETITIONER:

     HAZEEB P A., AGED 34 YEARS, S/O ABDUL RAHMAN, PUTHUVEETIL HOUSE,
     KADAPPURAM, THRISSUR, PIN- 680514

RESPONDENTS:

  1. * MANAGER, HEAD OFFICE, GURUVAYUR CO-OPERATIVE URBAN LTD., NO. F
     165, GURUVAYUR- 680101. (CORRECTED)
  2. * AUTHORISED OFFICER, GURUVAYUR CO-OPERATIVE BANK LTD. NO. F1652,
     GURUVAYUR - 680101, PIN - 680101(CORRECTED)

   * THE ADDRESS OF THE RESPONDENTS ARE CORRECTED AS

  1. GURUVAYUR CO-OPERATIVE URBAN BANK LTD, REPRESENTED BY AUTHORISED
     OFFICER, NO. F 1652, GURUVAYUR- 680101 AND
  2. GURUVAYUR- CO-OPERAVITE URABN BANK LTD., REPRESENTED BY MANAGER,
     NO. F- 1652, GURUVAYUR- 680101, AS PER ORDER DATED 11/03/2024 IN IA
     2/2024 IN WP(C) 42837/23.




     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to Therefore, for the
reasons stated in the accompanying affidavit, this Hon'ble court may be
pleased to extend the time for petitioner to remit the balance amount as
per the order dated 21.12.2023 and the subsequent overdue amount in 12
equal installments.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI. JAZIL DEV FERDINANTO, Advocate for the petitioner and of M/S.
T.R.HARIKUMAR & ARJUN RAGHAVAN, Advocates for R1, the court passed the
following:
                            N. NAGARESH, J.
                           ----------------------------
                              I.A. No.1 of 2024
                                        in
                       W.P.(C) No.42837 of 2023
                --------------------------------------------------
                Dated this the 29th day of February, 2024


                                 ORDER

The writ petition was disposed of with the following

directions:

"(i) The petitioner shall remit an amount of ₹2,00,000/- on or before 30.12.2023.

(ii) The petitioner shall remit the balance overdue amount in subsequent consecutive 12 equal monthly instalments thereafter, along with accruing interest and other Bank charges, if any.

(iii) If the petitioner commits default in making payments as directed above, the respondents will be at liberty to continue with coercive proceedings against the petitioner in accordance with law.

(iv) The petitioner shall also pay current EMIs along with the aforesaid payments.

(v) If the petitioner pays the instalments as directed above, any coercive proceedings against the petitioner shall stand deferred."

2. The petitioner states that the petitioner could not

remit ₹2 lakhs before 30.12.2023 and only ₹1 lakh was paid.

Subsequently, the petitioner paid ₹2 lakhs. The petitioner

submits that ₹1 lakh has been paid today. In view of the

amounts payable till date, the directions in the judgment are

complied with.

In view of the above, I.A. is disposed of directing the

respondents to treat the payment as regular and in

compliance with the directions of this Court. Coercive action,

if any, pending against the petitioner shall stand deferred as

long as the petitioner complies with the remaining part of his

obligations under the judgment.

Sd/-

N. NAGARESH JUDGE SR