South Indian Bank vs Ammad Kottara
2024 Latest Caselaw 17527 Ker

Kerala High Court

South Indian Bank vs Ammad Kottara on 21 June, 2024

Author: V.G.Arun

Bench: V.G.Arun

W. A. No. 844 of 2024
                                      -1-



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                      &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
   FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                           WA NO. 844 OF 2024
 AGAINST THE ORDER IN WP(C) NO.17577 OF 2024 OF HIGH COURT
                                 OF KERALA
APPELLANT/S:
    1     SOUTH INDIAN BANK
          NADUVANNOR BRANCH, KOZHIKODE, REPRESENTED BY ITS
          MANAGER, FIRST FLOOR, K.P COMPLEX, NADUVANNOR,
          KOZHIKODE-, PIN - 673614
     2        THE AUTHORIZED OFFICER, THE SOUTH INDIAN BANK
              LTD.
              NADUVANNOR BRANCH, KOZHIKODE,, 1ST FLOOR, HAPPY
              TOWERS, MANANCHIRA-P.O KOZHIKODE, PIN - 673011
              BY ADVS.
              B.J.JOHN PRAKASH
              ANAGHA MADATH THEKKEPATTE
              COLIN ALEX
              P.PRAMEL
              SONA A.B.
              SOORAJ M.S.
              VARSHA VIJAYAKUMAR NAIR

RESPONDENT/S:
          AMMAD KOTTARA
          AGED 55 YEARS
          S/O IBRAHIM, K.K HOUSE, NOCHAD P.O, NADUVANNOR,
          KOZHIKODE, PIN - 673014

              ADV. ANOOP JOSEPH

       THIS    WRIT     APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
21.06.2024,      THE     COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 844 of 2024
                                    -2-


                           JUDGMENT

Dated this the 21st day of June, 2024

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the respondent Bank has challenged

the interim order of the learned Single Judge dated 03.06.2024,

which reads as under:-

"Interim order is extended for a further period of one month on condition that the petitioner shall remit an additional amount of Rs. 2 lakhs within a period of one month from today.

Post on 03.07.2024."

2. Earlier, by order dated 14.05.2024, the learned Single

Judge has granted interim relief for a period of one month on

condition that the petitioner remits an amount of Rs. 15,00,000/-

on or before 01.06.2024, which has already been deposited by the

original petitioner. The said order was never challenged by the

appellant. Subsequently, by the impugned order, the learned

Single Judge extended the interim order for a period of one month

on condition of the petitioner paying an additional amount of

Rs. 2,00,000/- within a period of one month and posted the writ

petition for further hearing on 03.07.2024.

In such circumstances, we are not inclined to entertain this

appeal. However, we request the learned Single Judge to decide

the writ petition, at the earliest.

The writ appeal is dismissed accordingly.

Pending Interlocutory Applications, if any, shall stand

closed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb