Staisan Davy Meledath vs Hdb Financial Services Limited
2024 Latest Caselaw 12613 Ker

Kerala High Court

Staisan Davy Meledath vs Hdb Financial Services Limited on 21 May, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.14752/2024                     1/4                        Order Date : 21-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
              Tuesday, the 21st day of May 2024 / 31st Vaisakha, 1946
                      IA.NO.1/2024 IN WP(C) NO. 14752 OF 2024
   APPLICANT/PETITIONER:

          STAISAN DAVY MELEDATH, AGED 51 YEARS, MELEDATH HOUSE, MAIN ROAD,
          CHEERACHI, OLLUR P.O., THRISSUR, PIN - 680306

   RESPONDENT/RESPONDENT:

          HDB FINANCIAL SERVICES LIMITED REPRESENTED BY ITS AUTHORISED
          OFFICER, 1ST FLOOR, OLD NAGARDAS ROAD, NEAR AMBOLI SUBWAY, ANDHERI
          EAST, MUMBAI , PIN - 400069

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to direct the
   respondent/respondent to grant 1 more month's time to the petitioner to
   remit Rs. 10 lakhs along with the current 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 final order
   dated 11.04.2024 and upon hearing the arguments of SRI.SHABU SREEDHARAN,
   Advocate for the petitioner, the court passed the following:
 WP(C) No.14752/2024                                2/4                               Order Date : 21-05-2024




                                           N. NAGARESH, J.
                                          ----------------------------
                                             I.A No.1 of 2024
                                                       in
                                      W.P. (C) No.14752 of 2024
                               --------------------------------------------------
                                 Dated this the 21st day of May, 2024

                                                ORDER

This is an application for enlargement of time by

one month. By judgment dated 11.04.2024, W.P.(C)

No.14752 of 2024 was disposed of granting instalment facility

to the petitioner. The petitioner was directed to remit

Rs.10 lakhs within a period of one month and the balance

overdue amount in consecutive eight equal monthly

instalments thereafter.

2. Counsel for the petitioner submits that unless the

petitioner is granted one more month time to pay Rs.10 lakhs,

the petitioner will be put to untold hardship. According to the

petitioner, 2018 floods and subsequent events have ruined

his business and he is not in a position to remit the amount of

Rs.10 lakhs as directed by this Court within a period of one

month from 11.04.2024. The petitioner seeks further time of WP(C) No.14752/2024 3/4 Order Date : 21-05-2024

I.A No.1 of 2024 in WP(C) No.14752 of 2024

one month.

3. I have perused the affidavit filed in support of the

I.A. and I find no reason to enlarge the time already granted.

Therefore, the I.A is dismissed.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.14752/2024 4/4 Order Date : 21-05-2024

APPENDIX OF WP(C) 14752/2024 Exhibit-P1 THE TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE RESPONDENT DATED 14.2.2024