WL court dismissed the writ appeal against the High Court's single judge order refusing extension for installment payment under One Time Settlement Scheme, distinguishing a cited apex court decision, while leaving the bank open to reconsider the request afresh.
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
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WA NO. 1683 OF 2023
AGAINST THE JUDGMENT IN WP(C) 24083/2023 DATED 18.08.2023 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER:
MOHAMMED HUSSAIN
AGED 63 YEARS
S/O HAMEED. PANIKKAVEETTIL NRANATH HOUSE, PADOOR PO,
THRISSUR PIN, PIN - 680524
BY ADV NISHIN GEORGE VIJAYABABU
RESPONDENT/RESPONDENT:
STATE BANK OF INDIA
RASMEC KUNNAMKULAM, TELEPHONE EXCHANGE BUILDING,
KANIYAMPAL ROAD, KUNNAMKULAM, THRISSUR 680 503
REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 680503
BY ADV ADV.JAYESH MOHAN KUMAR(B/O)
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1683 OF 2023
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JUDGMENT
A,J.DESAI, C.J.
By way of the present appeal filed under Section 5 of the Kerala High Court Act, the original petitioner has challenged the judgment dated 18.08.2023, passed by the learned Single Judge, in the caption W.P.(C)No.24083/2023, by which, the reliefs sought for by the petitioner to extend the time to pay the installment, is refused.
Arvindra Electronics Private Ltd [2022 KHC 7165].
The writ appeal is disposed of accordingly. However it is open
WA NO. 1683 OF 2023
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for the bank to consider the request made by the appellant for One
Time Settlement Scheme, afresh.
Sd/-
A.J.DESAI
CHIEF JUSTICE
Sd/-
V.G.ARUN
JUDGE
uu
16.10.2023
1 issue framed by the court
Whether the writ appeal filed against the dismissal of the original petition challenging the refusal of time extension for installment payment under One Time Settlement Scheme should be allowed.
Colour shows how this judgement treated each authority
State Bank of India v. Arvindra Electronics Private LtdDistinguished¶19
State Bank of India v. Arvindra Electronics Private Ltd [2022 KHC 7165]
1 provisions across 1 enactments
MOHAMMED HUSSAIN
STATE BANK OF INDIA
A.J.DESAI
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court