IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WA.No. 1823 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17484/2009 Dated 06/07/2009 .................... APPELLANT(S): PETITIONER: ------------------------- ANIL KUMAR T.P., S/O.PADMANABHA PILLAI, PROPRIETOR, NATIONAL COMPUTERS, BYEPASS ROAD, THODUPUZHA. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS: --------------------------- 1. STATE BANK OF TRAVANCORE, THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS CHIEF MANAGER. 2. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE, THODUPUZHA, IDUKKI DISTRICT. 3. THE DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE, MAIN BRANCH, ERNAKULAM. 4. THE DISTRICT INDUSTRIES CENTRE, CHERUTHONI, IDUKKI, REPRESENTED BY ITS GENERAL MANAGER. SRI.K.S.DILEEP, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. -------------------------------------------- W.A. No.1823 of 2009 ---------------------------------------------- Dated 14th August, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner. The petitioner approached this court with certain grievances regarding the recovery steps initiated at the instance of the respondent Bank. The learned Single Judge, taking note of the facts and circumstances of the case, directed the petitioner to settle the dues in two equal monthly instalments of August and September, 2009 respectively, after paying an amount of Rs.2,85,925/- within one month. The said amount, it is submitted that, the petitioner is due to receive from the Government. It is also submitted that the petitioner has not so far received the money from the Government and so the petitioner could not pay the money. Therefore, it is prayed that the petitioner may be permitted to reschedule the payment. Learned counsel for the Bank submits that the petitioner owes this money since 2003 onwards and the Bank has shown sufficient indulgence and therefore, this court may not grant any further extension of time. WA NO.1823/09 2 2. Having heard the counsel on both sides, we find that this court will not be justified in fixing the time for payment of the dues to the Bank. However, taking note of the peculiar facts and circumstances of the case whereby the petitioner is yet to receive certain amounts from the Government, it is only appropriate that the request of the petitioner is considered by the second respondent. The petitioner may file an appropriate representation before the second respondent along with a copy of this judgment within two weeks from today. Thereafter, the second respondent will pass appropriate orders in the matter, so as to facilitate the petitioner to make the payment. The writ appeal is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1823 of 2009 ---------------------------------------------- J U D G M E N T Dated 14th August, 2009.