In a writ petition for recovery, the petitioner undertook to clear all arrears with interest by 31st May 2007. The court granted time and warned that failure to comply would result in taking possession of the property and initiating contempt proceedings.
Time granted to petitioner till 31st May 2007 to clear entire arrears with interest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
THURSDAY, THE 18TH JANUARY 2007 / 28TH PAUSHA 1928
WP(C).No. 1502 of 2007(D)
PETITIONER:
DIVAKARAN, PROPRIETOR,
M/S.LAKSHMI COIR MATS AND MATINGS EXPORTS, P.B.NO.27, C.M.C.1, CHERTHALA- 688 524.
BY ADV. SRI.V.L.SHENOY
RESPONDENTS:
BY ADV. SRI.A.S.P.KURUP, SC, UBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR, J.
W.P.(C)NO.1502 OF 2007
JUDGMENT
Counsel for petitioner submits that there is loss in business and liability can be settled only by sale of property. In view of the undertaking by the petitioner to settle the entire arrears within four months from now, writ petition is disposed of granting time to the petitioner till 31st of May 2007 to clear the entire arrears with interest due to the respondent Bank. I make it clear that even though the bank's counsel demanded atleast part payment by 31st March this year, the same is not ordered only because of undertaking given by petitioner as above and if petitioner fails to honour the undertaking given to the court based on which time is granted, there will be direction to petitioner to hand over possession of property to the Bank on 1st June 2007 itself, failing which Bank can move this court for initiating contempt against petitioner besides proceeding for attachment and sale of property. Writ petition is disposed of as above.
C.N.RAMACHANDRAN NAIR, JUDGE
jes
2 issues framed by the court
Whether time should be granted to the petitioner to clear arrears pending with the bank.
Whether the court should grant possession of property if the undertaking is not honoured.
DIVAKARAN, PROPRIETOR, M/S. LAKSHMI COIR MATS AND MATINGS EXPORTS
UNION BANK OF INDIA
C.N. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
