IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 5188 of 2008(P) ------------------------- AGAINST THE ORDER IN EA.566/07 IN EP.115/89 IN OS.122/1987 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER: ------------- BRAHMANANDAN, S/O. K.P.SIVANANDAN, THOTTUM MUKHATHU, MUNDAKKAL EAST, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT: --------------- THE MANAGER, STATE BANK OF TRAVANCORE, BEACH ROAD, KOLLAM. BY SRI.SATHISH NINAN, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5188 OF 2008 --------------------- Dated this the 13thday of February, 2008 JUDGMENT This writ petition is preferred against the order of the learned Subordinate Judge, Kollam, whereby he had declined to extend the further time for payment of the amount. 2. A perusal of the records would reveal that the Bank has given concession to the judgment debtor taking into consideration his difficulties. Therefore, instead of realising the amount of Rs.1,54,677/-, the Bank decided to give concession if the judgment debtor pays an amount of Rs. 46,000/- within a period of three months. It is very specifically stated in para 10 ad 11 that time is the essence and that on failure to pay the amount within the statutory period, the judgment debtor will forfeit his benefit and he may have to pay the entire decree amount. The court, on the basis of the statement, passed an order on 14.11.07 granting three months time from that date. It expired on 14.2.08. It is at this stage the judgment debtor has come to this court instead of moving the court below. . 3. Learned counsel for the decree holder Bank very strongly opposes granting of time on the ground that the benefit was conferred only on account of the fact that the Bank will be able to realise at least a sum of WPC NO 5188/08 2 Rs.46,000/- within a -period of three months. One cannot find fault with the submissions of the learned counsel for the Bank. On the other hand the learned counsel for the petitioner submits that on account of unavoidable circumstances the writ petitioner was not in a position to pay the amount and therefore some indulgence may be shown. 4. I am conscious of the fact that the suit is of the year 1987 and the decree holder/ Bank is knocking at the doors of the courts for realising the amount for the last two decades. But, I feel, as a last chance, six weeks time can be granted from today for making payment of Rs.46,000/-. Therefore the writ petition is disposed of whereby the writ petitioner herein is granted six weeks time for making payment of Rs.46,000/- from today. On payment of the said amount, the court can pass further orders. In the case of default, Bank is entitled to proceed for realisation of the entire amount as stipulated in para 11 of the statement. M.N.KRISHNAN, JUDGE vps WPC NO 5188/08 3