Naveen Mathew Philip And Ors v. M/s. South Indian Bank Ltd. And Ors

Naveen Mathew Philip And Ors v. M/s. South Indian Bank Ltd. And Ors

(High Court Of Kerala)

WA NO. 567 OF 2022 | 06-05-2022

Devan Ramachandran, J.

1. This appeal has been filed against the interim order of the learned Single Judge, alleging that the extension sought for by them ought not to have been granted as being 'the last chance'.

2. We, however, find nothing wrong in the view expressed by the learned Single Judge and normally would have been persuaded to dismiss this appeal.

3. However, the learned counsel for the appellants submitted that his client is willing to pay the amounts as per the earlier interim orders of the learned Single Judge on or before 16.05.2022, which means within two weeks from the original date granted.

4. We, therefore, asked the learned Standing Counsel for the Bank, who responded saying that time frames were fixed by the learned Single Judge after hearing both parties and that this Court may take an apposite decision in the matter.

5. Resultantly and solely as a manner of lenitude to the appellants, we allow this appeal, not because we found against the order of the learned Single Judge; thus extending the time frame for payment, as ordered earlier, till 16.05.2022. We make it clear that no further extensions can be asked by the appellants nor will be countenanced by this Court.

6. Needless to say, coercive action taken against the appellants will stand deferred until the afore date.

Advocate List
Bench
  • HON'BLE MR. JUSTICE DEVAN RAMACHANDRAN
  • HON'BLE MRS. JUSTICE SOPHY THOMAS
Eq Citations
  • LQ
  • LQ/KerHC/2022/1784
Head Note

Debt, Financial and Monetary Laws — Banking — Recovery of dues — Interim order — Extension of time for payment — Bankers' Books Evidence Act, 1891 — Ss. 13(2) & (3) — Relief granted solely as a manner of lenitude, not because of any infirmity in order of Single Judge