The High Court disposed of the writ petition by directing petitioners to pay Rs. 50,000 towards outstanding bank dues within a specified timeline.
Direction given to pay Rs. 50,000 by 15th January, 2019; balance in two installments by end of February, 2019; current dues to be paid after first installment.
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W.P.(C) No.21765 of 2018
Ms.Mohapatra, learned Advocate for the petitioners submits that the petitioners have availed a loan from Cholamandalam Investment and Finance Company Ltd. to purchase a truck. They have defaulted in payment of installments. She further submits that an amount of Rs.1,50,000/-(One lakh fifty thousand) is due as on date. She further submits that the petitioners are ready and willing to pay the said dues provided a reasonable time is given.
Considering the submissions of the learned Advocate for the petitioners, this writ petition is disposed of with a direction to the petitioners to pay an amount of Rs.50,000/-(fifty thousand) by 15th January, 2019. Rest of the amount shall be paid in two installments by end of February, 2019. In addition to the same, the petitioners shall go on paying the current dues. After payment of the first installment, no coercive action shall be taken against the petitioners. It is made clear that no further extension of time shall be given.
Since the writ petition is disposed of at the stage of admission, it is open to the opposite party to file an application for review/recall the order, if it so likes.
Dr.A.K.Rath, J.
c
3 issues framed by the court
Whether the High Court should give an extension of time for repayment of loan dues pending from the petitioners to the respondent.
Whether the High Court can pass an order in a writ petition which allows the parties to proceed with the underlying dispute outside the writ court.
Whether the High Court can give a direction to the petitioners to pay a sum of Rs. 50,000/- towards their loan dues pending from the bank.
Petitioners
Cholamandalam Investment and Finance Company Ltd.
Dr. A.K. Rath
As recorded by the court registry
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