Disposed

Adarsh Kumar C.D. v. the District Co-Operative Bank

Kerala HC30 Jan 2018RP/1167/2017

Case brief

AI extract

What is this about?

The High Court of Kerala reviewed a judgment allowing the review petitioner six months to clear overdue dues. The court, granting a last opportunity, extended the deadline to 31.03.2018 for settling the entire overdue amount with interest, while onus continued for regular installments and SARFAESI proceedings.

What did the court decide?

Time granted until 31.03.2018 to clear entire overdue amounts with interest; regular installments from February 2018; no further time to be granted.

Adarsh Kumar C.D. Vs the District Co-Operative Bank — Banking and Recovery | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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TUESDAY, THE 30TH DAY OF JANUARY 2018 / 10TH MAGHA, 1939

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RP.No. 1167 of 2017 IN WA. 2084/2016 IN WA 2084/2016 IN W.P.(C) No.30143/2016

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AGAINST THE JUDGMENT IN WA 2084/2016 IN W.P.(C) No.30143/2016 of HIGH COURT OF KERALA DATED 08.11.2016

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REVIEW PETITIONER/APPELLANT

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ADARSH KUMAR C.D. AGED 45 YEARS, S/O.C.M.DEVASSIA, CHAMAKKALAYIL, KALLEKKULAM, POONJAR SOUTH, KOTTAYAM DISTRICT.

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BY ADV.SRI.C.K.RAMAKRISHNAN

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RESPONDENT/RESPONDENT:

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THE DISTRICT CO-OPERATIVE BANK LIMITED HEAD OFFICE, KOTTAYAM-686 001.

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BY ADV. SRI.ATHUL SHAJI, SC, KOTTAYAM DISTRICT CO.OPERATIVE BANK LTD.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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vdv

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V.Chitambaresh & Sathish Ninan, JJ.

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==============================

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Review Petition No.1167 of 2017 ========================== Dated this the 30^th day of January, 2018

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JUDGMENT

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Sathish Ninan, J

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The operative part of the judgment under review reads thus:

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“The appellant is granted six months' time to clear off the entire overdue amounts by paying it in six equal monthly installments commencing from 30.11.2016. He shall continue to pay the regular installments also which he agreed to pay as per the agreement tendered by him with the Bank.”

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This is followed by a default clause also.

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The learned counsel for the review petitioner

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submits that due to financial constraints the directions could not be complied with. The loan period expires only

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in the year 2021 and if the review petitioner is granted

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some more time to comply with the directions in the writ

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appeal judgment, the same would be adhered to. The

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learned counsel appearing for the respondent bank

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R.P No.1167/2017

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submits that they are only interested in seeing that the debt is recovered without further delay.

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Though we do not find any reason to review the

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impugned judgment, as a last opportunity, we grant time till 31.03.2018 to clear off the entire overdue amounts payable as on 31.01.2018 with interest thereon. He shall pay the regular instalments in terms of the loan agreement, from February, 2018. In case of failure to effect any of the payments as directed above, further proceedings under the SARFAESI Act shall continue.

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It is further made clear that no further time

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will be granted to the review petitioner.

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Review petition is disposed of accordingly.

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Sd/- V.Chitambaresh, Judge

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Sd/- Sathish Ninan, Judge

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vdv

Adarsh Kumar C.D. v. the District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Adarsh Kumar C.D. v. the District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

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