Kerala High Court
Joshy.I.T vs The Authorized Officer on 31 May, 2024
Author: P Gopinath
Bench: P Gopinath
WP(C) No.36993/2022 1/4 Order Date : 31-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
IA.NO.1/2024 IN WP(C) NO. 36993 OF 2022
APPLICANT/PETITIONER:
JOSHY.I.T, AGED 55 YEARS, S/O THOMAN, INAYYANAM HOUSE, PARIYARAM,
KUTTIKAD,KUTTICHIRA P O, THRISSUR DISTRICT, PIN - 680721
RESPONDENTS/RESPONDENTS
1. THE AUTHORIZED OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., (KERALA
BANK), REGIONAL OFFICE, SAHAKARANA SADABDI MANDIRAM,
KOVILAKATHUMPADAM, THRISSUR, PIN - 680010
2. THE KERALA STATE CO-OPERATIVE BANK LTD., KUTTICHIRA BRANCH, (FORMER
THRISSUR DISTRICT CO-OPERATIVE BANK LTD.,) KUTTICHIRA P O ,THRISSUR
DISTRICT-PIN - 680721, REPRESENTED BY ITS BRANCH MANAGER.
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 22-11-2022 for the
payment of remaining amount due by granting Three months from 01-05-2024
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 Final Order
dated 22/11/2022 and upon hearing the arguments of M/S.K.M.MUHAMMED
HUSSAIN, K.V.SREE VINAYAKAN, MANUMON A. & JAYAN KUTTICHAKKU, Advocates for
the petitioner and of SRI.P.C.SASIDHARAN, Advocate for R1, the court
passed the following:
WP(C) No.36993/2022 2/4 Order Date : 31-05-2024
GOPINATH P., J.
-------------------------------------------------
I.A. No. 1 OF 2024
IN
W.P (C) No. 36993 OF 2022
-------------------------------------------------
DATED THIS THE 31st DAY OF MAY, 2024
ORDER
This is an application for extension of time. The learned Standing
Counsel appearing for the respondent bank submits that after the date of
judgment the petitioner has remitted a sum of Rs.7,44,000/-. It is
submitted that considering the default in the payment of regular EMIs,
the balance overdue amount payable by the petitioner is Rs.4,79,385/-.
2. Having considered the submissions made by the learned
counsel for the petitioner and the learned Standing counsel for
respondent bank and considering the fact that the petitioner has shown
bonafides by remitting a sum of Rs.7,44,000/- towards the then overdue
amount of Rs.8,78,401, I am inclined to grant extension of time. The
petitioner is permitted to pay the present overdue amount of
Rs.4,79,385/- in 5 equal monthly installments commencing from 15-06-
2024. Subsequent installments shall be paid on or before 15 th day of every
succeeding months together with any accrued interests and costs. It is
made clear that in addition to the above, if the petitioner does not pay any
WP(C) No.36993/2022 3/4 Order Date : 31-05-2024
I.A. No.1/2024 in W.P (C) No.36993/2022
regular EMIs on the due dates, the petitioner will loose the benefit of this
order. It is also made clear that the petitioner will not be granted any further
extension of time under any circumstances.
Sd/-
GOPINATH P.
JUDGE
AMG
WP(C) No.36993/2022 4/4 Order Date : 31-05-2024
APPENDIX OF WP(C) 36993/2022
Exhibit1 THE TRUE COPY OF THE NOTICE DATED 13-12-2017 ISSUED BY
THE 1ST RESPONDENT AS PER SECTION 13(2) OF THE SARFAESI
ACT
Exhibit P2 THE TRUE COPY OF THE POSSESSION NOTICE DATED 22-03-2018
ISSUED BY THE 1ST RESPONDENT AS PER SECTION 13(4) OF
THE SARFAESI ACT IS
Exhibit P3 THE TRUE COPY OF THE NOTICE ISSUED BY ADVOCATE
COMMISSIONER DATED 05-11-2022
Annexure A1 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR
K.C. JOSEPH DATED 04-04-2024
Annexure A2 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 15-12-2022
FOR AN AMOUNT OF RS.1,22,000/-
Annexure A3 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 12-1-2023
FOR AN AMOUNT OF RS. RS.2,30,000/-
Annexure A4 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 15-02-2023
FOR AN AMOUNT OF RS.1,21,000/-
Annexure A5 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 18-04-2023
FOR AN AMOUNT OF RS.1,50,000/-
Annexure A6 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 31-05-2023
FOR AN AMOUNT OF RS.1,00,000/-
Annexure A7 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 26-02-2024
FOR AN AMOUNT OF RS.1,50,000/-
