The Authorized Officer vs Aboobacker Siddique @ Kinakool ...
2024 Latest Caselaw 26322 Ker

Kerala High Court

The Authorized Officer vs Aboobacker Siddique @ Kinakool ... on 3 September, 2024

Author: A.K.Jayasankaran Nambiar

Bench: A.K.Jayasankaran Nambiar

WA NO. 1301 OF 2024              :1:               2024:KER:66456


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

       THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                   &

              THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                         WA NO. 1301 OF 2024

                         JUDGMENT DATED 07.08.2024
                  ARISING FROM : WP(C) NO.23395 OF 2024
APPELLANT/RESPONDENT IN WP(C):

          THE AUTHORIZED OFFICER,
          SOUTH INDIAN BANK REGIONAL OFFICE,
          KANNUR, PIN - 670014

          BY ADVS.
          SRI.B.J.JOHN PRAKASH
          SMT.ANAGHA MADATH THEKKEPATTE
          SRI.COLIN ALEX
          SRI.P.PRAMEL
          SRI.SOORAJ M.S.
          SMT.VARSHA VIJAYAKUMAR NAIR


RESPONDENT:

          ABOOBACKER SIDDIQUE @ KINAKOOL ABOOBACKER SIDDIQUE,
          AGED 52 YEARS
          S/O KAMALKUTTY, RESIDING AT ASMA'S PAISAI, IRIKOOR,
          KANNUR, PIN - 670592

          BY ADV. ABDUL RAOOF PALLIPATH


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.09.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1301 OF 2024                    :2:                     2024:KER:66456

                                    JUDGMENT

The respondent in WP(C). No.23395 of 2024 is the appellant

before us, aggrieved by the judgment dated 07.08.2024 of the learned

Single Judge.

2. Briefly stated the grievance of the appellant is against the

installments granted by the learned Single Judge to the respondent writ

petitioner for clearing the outstanding amounts in relation to an overdraft

facility that was extended to the respondent by the appellant bank.

3. We have heard Sri. John Prakash B.J, the learned counsel for

the appellant, and Sri Abdul Raoof Pallipath, the learned counsel for the

respondent.

4. The learned counsel for the appellant bank submits that the

total outstanding in the overdraft account is Rs.33,21,000/- as on

06.08.2024. It is the submission of the learned counsel that the bank is

prepared to grant time to the respondent till 31.03.2025 for discharging the

entire liability. Taking note of the said submission, we modify the judgment

of the learned Single Judge and allow the Writ Appeal with the following

directions:

i. The directions in the impugned judgment of the learned Single Judge are modified.

ii. If the respondent discharges the outstanding liability to the appellant bank (Rs.33,21,000/- as on 06.08.2024, together with WA NO. 1301 OF 2024 :3: 2024:KER:66456

accrued interest and other charges) in seven equal and successive monthly installments commencing from 30.09.2024, then the further proceedings for recovery initiated by the appellant shall be kept in abeyance.

iii. If the respondent defaults in any single installment he will lose the benefit granted under this judgment and it will be open to the appellant to continue the recovery steps from the stage at which they presently stand.

iv. It is made clear that no petition for an extension of time will be entertained at the instance of the respondent.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SYAM KUMAR V.M. JUDGE mns