Mani vs Cholamandalam Investment And Finance ...
2024 Latest Caselaw 12916 Ker

Kerala High Court

Mani vs Cholamandalam Investment And Finance ... on 22 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
          Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                  IA.NO.1/2024 IN WP(C) NO. 11018 OF 2024
APPLICANT/PETITIONER:

     MANI, AGED 58 YEARS , S/O NANI, CHATHANARIMEETHAL, CHATHANARI,
     ORVAVIL P.O, KOZHIKODE , PIN - 673614

RESPONDENTS/RESPONDENTS:

  1. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD. FIRST FLOOR, DARE
     HOUSE, 2, NSC, BOSE ROAD, CHENNAI, REPRESENTED BY ITS AUTHORISED
     OFFICER, PIN - 600001
  2. THE AUTHORISED OFFICER, CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
     LTD., FIRST FLOOR, DARE HOUSE, 2, NSC, BOSE ROAD, CHENNAI , PIN -
     600001

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
period fixed by this Hon'ble Court by two months from the 27/03/2024 for
remitting the amount directed by this Hon'ble Court vide judgment dated
20/03/2024 to secure the ends 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 20.03.2024 and upon hearing the arguments of M/S. M.S.AMAL DHARSAN
& NOEL JACOB, Advocates for the petitioner and of M/S, THOMAS T.VARGHESE,
PHILIP T.VARGHESE, ACHU SUBHA ABRAHAM, V.T.LITHA & K.R.MONISHA Advocates
for the respondents, the court passed the following:
                           N.NAGARESH, J.
                ------------------------------------------------
                           I.A.No.1 of 2024
                                     in
                     W.P.(C) No.11018 of 2024
              -------------------------------------------------
              Dated this the 22nd day of May, 2024


                                ORDER

By judgment dated 20.03.2024 in W.P.(C) No.11018 of

2024, it was directed that if the petitioner remits an amount of

₹25,000/- on or before 27.03.2024, coercive proceedings

against the petitioner shall stand deferred for a period of three

weeks to enable the petitioner to approach the Debts Recovery

Tribunal.

2. The petitioner submits that the petitioner could not

pay the amount within the stipulated date and subsequently

when the petitioner offered the amount, the Bank is not

accepting. Unless the Bank is directed to accept the amount and

further proceedings are deferred for a period of three weeks as

directed by this Court, the petitioner will be put to untold

in

hardship and loss.

3. The fact remains that this Court by judgment dated

20.03.2024 directed the respondents to defer coercive

proceedings for a period of three weeks. More than two

months have lapsed after the judgment. The petitioner had

ample time to approach the Debts Recovery Tribunal during

this time. The petitioner has not approached the Tribunal.

In the circumstances, I am not inclined to grant any

further relief in this I.A. The I.A.No.1 of 2024 is therefore

dismissed.

Sd/-

N.NAGARESH JUDGE hmh