IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 W.A.No. 1389 of 2008 ------------------------------------ AGAINST THE ORDER DATED 20-6-2008 & 30-6-2008 IN WPC.18555/2008 .................... APPELLANTS//PETITIONERS: ---------------------------------------- 1. B.VENUGOPAL, AGED 52 YEARS, S/O.BHASKARA MENON, D-3 QUARTERS, CIVIL LINES, AYYANTHOL, THRISSUR. 2. S.PADMAJA, W/O.VENUGOPAL, D-3 QUARTERS, CIVIL LINES, AYYANTHOL, THRISSUR. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS//RESPONDENTS: ---------------------------------------------- 1. PUNJAB NATIONAL BANK HOUSING FINANCE LTD., REGD. OFFICE, 9TH FLOOR, ANTARIKSH BHAVAN, 22, KASTURBA GANDHI MARG, NEW DELHI-1 REPRESENTED BY ITS MANAGING DIRECTOR. 2. SENIOR VICE PRESIDENT, PUNJAB NATIONAL BANK HOUSING FINANCE LTD., 4TH FLOOR, CAPITAL TOWERS, STATUE JUNCTION, THIRUVANANTHAPURAM. 3. REGIONAL MANAGER, NATIONAL HOUSING BANK, CORE 5-A, 3RD FLOOR, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI 110 003. BY ADV.SRI.MADHU RADHAKRISHNAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ----------------------------------------------------- W.A.No.1389 of 2008 ---------------------------------------------- Dated, this the 3rd day of July, 2008 JUDGMENT H.L.Dattu, C.J. Sri.Madhu Radhakrishnan takes notice for the respondents. 2. Though the matter is posted for admission today, by consent of the learned counsel appearing for the parties to the lis, the matter is taken up for final hearing, since the issues involved in this case lies in a narrow compass. 3. This appeal is directed against the interim orders passed by the learned Single Judge in W.P.(C) No.18555 of 2008 dated 20th June, 2008 and 30th June, 2008. The interim orders passed by the learned Single Judge reads as follows: Order dated 20-6-2008 “The respondent bank seeks time to file counter affidavit. Post after a week. If the petitioners pay an amount of Rs.3 lakhs, the breaking open of the petitioners' house shall be postponed. If the petitioners do not pay the amount the bank can proceed with the proposed action.” W.A.No.1389 of 2008 -2- Order dated 30-6-2008 The order dated 20-6-2008 was passed on the basis that the breaking open of the petitioners' house is scheduled to be held on 27-6-2008 and the petitioner would pay Rs.3 lakhs before that date. I omitted to mention the date in that order. The petitioners did not pay an amount of Rs.3 lakhs before that date. They now contend that since the breaking open was postponed by the Bank itself, the petitioners would pay the amount on 3-7-2008. I am not happy with the stand taken by the petitioners. The understanding while passing the order was that the petitioners would pay the amount before 27-6-2008. The prayer for extension of time is also opposed by the counsel for the bank. However, taking a lenient view, I direct that the petitioners shall pay the amount as directed in the order dated 20-6-2008 before 3-7-2008. Needless to say, if the petitioners do not comply with the above direction, it would be open to the respondent bank to proceed further in the matter as if there is no interim order.” 4. Dr.George Abraham, the learned counsel appearing for the appellants fairly submits, that, since his client has undergone a bypass surgery, and in view of that they are facing acute financial problems, the appellants may be granted a month's time to comply with the interim orders and directions issued by the learned Single Judge. W.A.No.1389 of 2008 -3- 5. The learned counsel appearing for the Nationalised Bank seriously opposes the request made by the learned counsel appearing for the appellants. 6. In our view, the request of the learned counsel for the appellants appears to be reasonable and if it is granted, it would not inconvenience or affect or prejudice the case of the respondent - Nationalised Bank. In that view of the matter, while disposing of the writ appeal, we grant a month's time from today to the appellants to comply with the orders and directions issued by this Court. We make it clear that, the appellants shall not seek any extension of time. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS/DK.