Faisal Mundambra vs The Nilambur Co-Operative Urban Bank, ...
2024 Latest Caselaw 27085 Ker

Kerala High Court

Faisal Mundambra vs The Nilambur Co-Operative Urban Bank, ... on 6 September, 2024

Author: K.Babu

Bench: K. Babu

WP(C) No.28413/2023                     1/3                        Order Date : 06-09-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE K. BABU
             Friday, the 6th day of September 2024 / 15th Bhadra, 1946
                      IA.NO.1/2024 IN WP(C) NO. 28413 OF 2023
   APPLICANT/PETITIONER IN WP(C):

          FAISAL MUNDAMBRA,AGED 50 YEARS,S/O.POCKER,MUNDAMBRA
          HOUSE,PULATH,KARAKUNNU (P.O), MALAPPURAM DISTRICT,PIN-676123.

   RESPONDENT/RESPONDENT:

          THE NILAMBUR CO-OPERATIVE URBAN BANK, NILAMBUR REPRESENTED BY IT'S
          ASSISTANT GENERAL MANAGER/AUTHORIZED OFFICER, PIN-679329


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to restructure the
   instalment facility already granted in the above writ petition and extent
   the time for the balance payment for a further period as may be fixed by
   this Hon'ble Court in the interest of justice.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of sri.K.DILIP, Advocate for the Applicant in IA/petitioner in WP(C) and
   of M/S.RAMESH BABU T & C.K.SREEJITH Advocates for the respondent, the
   court passed the following:
 WP(C) No.28413/2023                        2/3                       Order Date : 06-09-2024




                                         K.BABU, J.
                          ------------------------------------
                        I.A No.1 of 2024in W.P(C) No.28413 of 2023
                          ------------------------------------
                         Dated this the 6th day of September, 2024

                                        ORDER

As per judgment dated 15.09.2023, the petitioner was directed

to remit the outstanding amount of Rs.17,83,792/- in fifteen equal

monthly instalments. It is submitted that the petitioner remitted

nine instalments. Thereafter, he underwent a major surgery. Even

then the petitioner remitted Rs.50,000/- on 26.08.2024, which is

evident from the receipt produced by the learned counsel for the

petitioner.

2. Having regard to the circumstances brought out, the

further proceedings initiated against the petitioner shall be kept in

abeyance till 30.09.2024.

Post on 30.09.2024.

Sd/-

K.BABU, JUDGE KAS WP(C) No.28413/2023 3/3 Order Date : 06-09-2024

APPENDIX OF WP(C) 28413/2023 Exhibit-P1 A TRUE COPY OF THE CMP NO.468/2021 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE MANJERI DATED 03/02/2021 Exhibit-P2 A TRUE COPY OF THE ORDER IN C.M.P NO.468/2021 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE MANJERI DATED 26/03/2021