Kerala High Court
Navas vs Vazhithala Service Co-Operative Bank ... on 3 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
IA.NO.2/2024 IN WA NO. 469 OF 2024
AGAINST JUDGMENT DATED 28.02.2024 IN WP(C) 3018/2023 OF THIS COURT
APPLICANT/APPELLANT:
NAVAS, AGED 49 YEARS, S/O. SULAIMAN, PURAMADATHIL HOUSE, VENGALLOOR
KARA, PURAPPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN -
685583
RESPONDENTS/RESPONDENTS:
1. VAZHITHALA SERVICE CO-OPERATIVE BANK LTD NO. 908, REPRESENTED BY THE
SECRETARY, VAZHITHALA, PURAPPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI
DISTRICT, PIN - 685583
2. SPECIAL SALE OFFICER, VANNAPPURAM SCB (GROUP), OFFICE OF THE CO-
OPERATIVE ASSISTANT REGISTRAR (G), THODUPUZHA, IDUKKI DISTRICT, PIN
- 685584
3. EMMANUEL JOSEPH, S/O JOSEPH, PUTHENPURAYIL HOUSE, VAZHITHALA,
PURAPPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685583.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extent the time for
payment of the amount of compensation ordered in the interim order dated
10-09-2024 in the above Writ appeal for a further period of 2 months from
30-09-2024.
This Application coming on for orders on 03/10/2024 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of ADVS.M/S. M.SASINDRAN & S.SHYAM KUMAR for the
applicants and of ADV MANU GOVIND FOR R1 & R2 and ADV.SRI.C.ANIL KUMAR FOR
R3, the court on the same day passed the following:
AMIT RAWAL & EASWARAN S., JJ.
--------------------------------
W.A. No.469 of 2024
------------------------------------------
Dated this the 3rd day of October, 2024
ORDER
AMIT RAWAL, J.
This application seeks extension of time for payment of the
amount of compensation ordered in the interim order dated
10.09.2024 for a further period of two months from 30.09.2024.
2. Learned counsel appearing on behalf of the applicant
submitted that the applicant need two months time as no harm and
prejudice would be caused to the auction purchaser if the time is
extended to two months.
3. We accept the request of the applicant based on the fact
that the financial position of the applicant is pathetic.
4. On the other hand, learned counsel representing the
auction purchaser submitted that her client has been made to
suffer on account of lapse of the petitioner/applicant. It is also
submitted that no concession of extension of time is required,
even though the respondent would be beneficial with the interest
of two months.
5. Considering the predicament, we enlarge the time from
30.9.2014 to two months that is, on or before 29.11.2024.
However, for these two months, the applicant is required to pay
interest at the rate of 12% and for the other period, the interest
will remain at 10%.
The application stands disposed of.
Post the writ appeal on 2.12.2024.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
NS
03-10-2024 /True Copy/ Assistant Registrar
