IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WA.No.332 of 2008 ------------------------------------- (AGAINST THE JUDGMENT IN W.P.(C) No.31614 of 2007 DATED 21-1-2008) --------- APPELLANTS/ PETITIONERS:- ----------------------------------------- 1. P.P.KOYA, PONNAMPARAMBATHU HOUSE, CHEVAYOOR P.O., KOZHIKODE. 2. P.P.ASHIQUE, S/O.P.P.KOYA, AGED 38 YEARS, KOYENCO MOTORS, N.H.BYEPASS, MARADU, ERNAKULAM. 3. NOUSHIQUE P.P., S/O.P.P.KOYA, AGED 36 YEARS, CA 64, RIVERA APARTMENTS, TEVARA, COCHIN. 4. P.P.JESIQUE, S/O.P.P.KOYA, AGED 34 YEARS, PONNAMPARAMBATHU HOUSE, CHEVAYOOR P.O., KOZHIKODE. BY ADV. SRI.ANIL THOMAS (T) SMT.RASHMI.K.V. RESPONDENTS/ RESPONDENTS:- ----------------------------------------------- 1. THE SOUTH INDIAN BANK LTD., OVERSEAS BRANCH, DOOR NO.33/2171-1, BYPASS JUNCTION, CIVIL LINES ROAD, COCHIN REPRESENTED BY ITS MANAGER. 2. THE CHIEF MANAGER, THE SOUTH INDIAN BANK LTD., OVERSEAS BRANCH, DOOR NO.33/2171-1, BYPASS JUNCTION, CIVIL LINES ROAD, COCHIN. -2- W.A.No.332/2008 3. THE SOUTH INDIAN BANK LTD. P.B.NO.28, T.B.ROAD, TRISSUR, REPRESENTED BY ITS GENERAL MANAGER. 4. THE SOUTH INDIAN BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, REGIONAL OFFICE, ERNAKULAM DHARMODAYAM BUILDING, SHANMUGHAM ROAD, ERNAKULAM. BY STANDING COUNSEL SRI.K.K.JOHN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & K.M.Joseph,J. ----------------------------------------------- W.A.No.332 of 2008 ----------------------------------------------- Dated, this the 14th day of February, 2008 JUDGMENT H.L.Dattu,C.J. Petitioners in the writ petition, being aggrieved by the orders passed by the learned Single Judge in W.P.(C).No.31614 of 2007 dated 21.01.2008, are before us in this Writ Appeal. (2) The one and only submission that was made by the learned counsel appearing for the appellants is that, the appellants may be granted one month's time from today, as a last chance, to pay up the entire loan liabilities of the respondent-Bank. It is further stated that the appellants intend to save and protect their immovable property. (3) The learned counsel appearing for the appellants would submit that the appellants are prepared to file an affidavit before this Court in this regard, undertaking that the amount shall be paid within one month's time from today. (4) The learned counsel appearing for the respondent-Bank is not prepared to accept the suggestions made by the learned counsel appearing for the appellants. (5) However, taking into consideration the fervent pleas made by the learned counsel appearing for the appellants and also taking into consideration the fact that the appellants intend to save their immovable property, we are of the view that if a month's time is granted to the appellants to pay up the entire loan liability, it may not cause any prejudice to the respondent-Bank. Accordingly, while disposing of this Writ Appeal, we pass the following:- W.A.No.332 of 2008 - 2 - Order (i) The affidavit filed by the appellants is placed on record. (ii) The appellants are granted a month's time from today to settle the entire loan liability to the respondent-Bank. (iii) The appellants shall not make any application for extension of time. (iv) If for any reason the appellants commit default in complying with the orders so passed by us, the respondent-Bank is entitled to proceed against the appellants to recover the dues of the Bank by resorting to all the methods which are available to them under the statute. Ordered accordingly. H.L.Dattu Chief Justice K.M.Joseph Judge vku/DK