An appellant challenged a judgment allowing a bank to proceed with execution due to non-deposit of an installment. The court recorded that the agreed Rs.8 lakh sum was not deposited before the deadline and dismissed the writ appeal.
The writ appeal was dismissed as the appellant failed to deposit the agreed amount of Rs.8 lakhs.
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 THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
WA NO. 1646 OF 2023
AGAINST THE JUDGMENT IN WP(C) 22417/2023 DATED 11.08.2023 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER IN W.P.(C):
ANOOP ANTONY
AGED 39 YEARS
VADAKKEMUKKADA HOUSE, CHAKKUPALLAM P.O, CHAKKUPALLAM
VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT,, PIN -
685509
BY ADVS.
SANEL CHERIAN
R.BHASKARA KRISHNAN
V.K.DINESH KUMAR
ADV.RENJU
RESPONDENT/S:
1 THE AUTHORIZED OFFICERTHE ICICI BANK LTD ZONAL OFFICE, PUSHPAMANGAL ESTATE,
NH BYEPASS, EDAPPALLY, KOCHI, PIN - 682024
2THE AUTHORIZED OFFICER
THE ICICI BANK LTD, REGISTERED OFFICE AT VODODARA AT
GUJARAT AND CORPORATE OFFICE AT ICICI BANK TOWER,
BANDRA KURLA COMPLEX, BANDRA MUMBAI., PIN - 400050
BY ADVS.
LAL K.JOSEPH- r1 & r2
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(L-78)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1646 OF 2023
-2-
JUDGMENT
A.J.DESAI, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, the present appellant has challenged the judgment of the learned Single Judge dated 11.08.2023.
“Learned advocate for the appellant states that he is ready and willing to pay the outstanding amount in equal monthly installments. He further states that he will deposit an amount of Rs. 8,00,000/- (Rupees Eight Lakhs only) with the respondent before the next date of hearing.
If the appellant deposits the amount on or before 29.09.2023, the Bank shall not proceed with the execution proceedings.”
WA NO. 1646 OF 2023
-3-
In view of the above, the writ appeal is dismissed.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
03.10.2023
3 issues framed by the court
Whether the writ appeal should be allowed to suspend the recovery proceedings despite non-deposit of the agreed installment amount.
The liability of the appellant to deposit the agreed sum to stay execution proceedings.
The consequences of failure to deposit the lapsing sum specified by the court.
1 provisions across 1 enactments
ANOOP ANTONY
THE ICICI BANK LTD
A.J. DESAI
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court