This writ petition challenged the refusal to extend the time granted under a Lok Adalath compromise award due to non-compliance. The Court declined to modify the award, leaving the bank to consider the petitioner's request independently.
None. The Court declined to extend the time; the bank is at liberty to consider the petitioner's request independently.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
WP(C).No. 2700 of 2018
PETITIONER(S):
SADIK K.M KAZHAYATHODIYIL, PULAKODE, PROPRIETOR, OLIVE OPTICALS, CHELAKKARA, THRISSUR DISTRICT.
BY ADVS.SRI.LINDONS C.DAVIS SMT.E.U.DHANYA SRI. RAJITH DAVIS ATTATHARA
RESPONDENT(S):
STATE BANK OF INDIA CHELAKKARA TOWN, CHELAKKARA, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGER.
BY SRI.JAICE JACOB, SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2700 of 2018 (J)
APPENDIX PETITIONER(S)' EXHIBITS: ----------------------
EXHIBIT P1 A COPY OF THE PRE LITIGATION PETITION NO.50/2017 DATED 16.8.2017. EXHIBIT P2 TRUE COPY OF THE TERMS OF COMPROMISE DATED 28.8.2017. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 15.1.2018 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. RESPONDENTS EXHIBITS: NIL
//TRUE COPY// P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.2700 of 2018
Dated this the 9th day of February, 2018
JUDGMENT
As per Ext.P2 terms of compromise settled by the Lok
Adalath, petitioner was granted time to pay off the respondent
Bank. However, petitioner has not complied with the
commitments in Ext.P2 award. There upon petitioner has
submitted Ext.P3 to the respondent Bank seeking some more
time for making the payment. Petitioner seeks appropriate
direction, extending the time provided in Ext.P2 terms of
settlement.
learned counsel for the Bank.
taking into account the settlement entered into by and
W.P.(C) No.2700 of 2018
2
between the parties in the Lok Adalath held, it may not be
proper on the part of this Court to extend the time, which will
in effect modify the award passed by the Lok Adalath and it
will create a negative impact on the system itself. Therefore I
do not propose to pass any order extending the time granted
in Ext.P2 award, however, bank is at liberty to take into account Ext.P3 and do the necessary, in accordance with law.
With the above observations this writ petition is closed.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/9/2/
2 issues framed by the court
Whether the High Court can extend the time granted under a Lok Adalath compromise award.
What relief can be granted when a party fails to comply with Lok Adalath settlement terms and seeks further extension.
SADIK K.M KAZHAYATHODIYIL
STATE BANK OF INDIA CHELAKKARA TOWN
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
