Mohammed Shanavas vs 1. The Varkala Co-Operative ...
2024 Latest Caselaw 27450 Ker

Kerala High Court

Mohammed Shanavas vs 1. The Varkala Co-Operative ... on 11 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

WP(C) No.31526/2023                         1/2

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
           Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
                      IA.NO.3/2024 IN WP(C) NO. 31526 OF 2023
   APPLICANTS/PETITIONERS:

      1. MOHAMMED SHANAVAS, AGED 59 YEARS, S/O MOHAMMED SALI, STAR HOUSE,
         NEAR S.N.COLLEGE, SIVAGIRI, SREENIVASAPURAM P.O., VARKALA, PIN - ,
         PIN - 695145
      2. SINIMOL, AGED 50 YEARS, W/O MOHAMMED SHANAVAS, STAR HOUSE, NEAR
         S.N.COLLEGE, SIVAGIRI, SREENIVASAPURAM P.O., VARKALA, PIN - , PIN -
         695145

   RESPONDENTS/RESPONDENTS:

      1. THE VARKALA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK
         LTD NO. T 2039, GOPAL BUILDING, MAITHANAM, H.O. VARKALA, REPRESENTED
         BY ITS MANAGER , PIN - 695141
      2. SPECIAL SALE OFFICER, THE VARKALA CO-OPERATIVE AGRICULTURAL & RURAL
         DEVELOPMENT BANK LTD. NO. T 2039, GOPAL BUILDING, MAITHANAM, H.O.
         VARKALA, , PIN - 695141


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to extend the time by
   4 months for compliance of the directions in the judgment dated 24/05/2024
   in WP(C) 31526/2023 by permitting the petitioners to start the repayment
   from 25/10/2024 and to modify the amount to be paid accordingly.

        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof and this court's judgment dated
   24/05/2024 and upon hearing the arguments of M/S.PHILIA KOSHY, K.RAJENDRAN
   CHETTIAR, Advocates for the applicants in I.A/petitioners in WP(C) and of
   M/S.T.R.HARIKUMAR, ARJUN RAGHAVAN ,Advocates for the respondents in
   I.A/respondents in WP(C), the court passed the following:
                                      ORDER

The petitoner says that they will pay the defaulted instalments, along with the 4th instalment, falling due on 25/10/2024.

Sri.T.R.Harikumar submitted that if the petitioners pay as afore his client will not stand in the way of this court passing an order; but that otherwise, they may be allowed to continue with further proceedings.

In the afore circumstances this I.A. is allowed, permitting the petitioners to pay the defaulted three instalments, along with the fourth instalment, falling due on 25/10/2024. If this direction is not complied with, the liberty of the Bank as reserved in the Judgement will be available to them and they can continue with the further proceedings; without having to obtain further orders from this court.

                                     Sd/- DEVAN RAMACHANDRAN JUDGE




11-09-2024            /True Copy/                            Assistant Registrar