Pramosh V .A vs Kerala Dhanavyavasaya Kuries & Loans ...
2024 Latest Caselaw 26633 Ker

Citation : 2024 Latest Caselaw 26633 Ker
Judgement Date : 5 September, 2024

Kerala High Court

Pramosh V .A vs Kerala Dhanavyavasaya Kuries & Loans ... on 5 September, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
         Thursday, the 5th day of September 2024 / 14th Bhadra, 1946
                   IA.NO.1/2024 IN OP(C) NO. 1044 OF 2023
EP 58/2019 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, CHAVAKKAD
APPLICANTS/PETITIONERS:

  1. PRAMOSH V .A, AGED 54 YEARS, PRAMOSH V A, S/O LATE VETTIYATTIL
     AYYAPPU, AGED 54, KADAVALLUR VILLAGE, KADAVALLUR.P.O, THRISSUR
     TALUK, THRISSUR, PIN - 680543
  2. RAJUSHA PRAMOSH, AGED 43 YEARS, RAJUSHA PRAMOSH, W/O VETTIYATTIL
     PRAMOSH V A, KADAVALLUR VILLAGE, KADAVALLUR.P.O, THRISSUR TALUK,
     THRISSUR, PIN - 680543

RESPONDENT/RESPONDENT:

     KERALA DHANAVYAVASAYA KURIES & LOANS (PVT) LTD KERALA DHANAVYAVASAYA
     KURIES & LOANS (PVT) LTD, ST.THOMAS COLLEGE ROAD, THRISSUR - 680001,
     REP.BY LITIGATION CLERK, BABU M ANTONY, AGED 58 YEARS, S/O ANTONY,
     MANJILI HOUSE, MAHATMA STREET, OLLUKKARA (P.O), THRISSUR.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to enlarge the time
limit to make the payment as per Judgment dated 22.05.2024 in the above
O.P, by permitting the petitioners to make the second payment on 1.12.2024
and the other installments consecutively from 1.1.2025 onwards, to meet
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 judgement
dated 22.05.24 and upon hearing the arguments of M/S.K.S.SAJEEV KUMAR,
MOHANDAS K.CHACKO, RAMESH.P.N., BISMI T.A., SUKESAN P.S. & DEVIPRIYA
SATHYASEELAN, Advocates for the petitioners and of M/S.ARUN ASHOK IYYANI,
NEENA JAMES & AMAL ABDUL MAJEED K.A., Advocates for the respondents, the
court passed the following:



                                                                   (P.T.O)
                     Dr.KAUSER EDAPPAGATH, J.
               =========================
                          I.A No.01 of 2024
                                  in
                      O.P(C) No. 1044 of 2023
                =========================
             Dated this the 05th day of September, 2024.


                                   ORDER

It is submitted by the learned counsel for the petitioners

that the petitioners have already paid Rs.15 lakhs towards the

amount due to the respondent, in compliance of the direction

No.(i) in the judgment of this Court dated 22.05.2024. The

petitioners seek enlargement of time to make the payment of

the balance amount.

2. I have heard the learned counsel for the petitioners

as well as the learned counsel for the respondent.

The petitioners are permitted to pay the entire balance

amount in 20 equal monthly instalments commencing from

01.12.2024. The remaining conditions in the judgment shall

be followed.