IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WA.No. 2005 of 2009 ------------------------------------ AGAINST THE ORDER IN WPC.10064/2009 Dated 14/08/2009 .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. B.RADHKRISHNAN, PANDALUMANCHUVATTIL HOUSE, EAST GATE, VAIKOM.P.O., KOTTAYAM DISTRICT. 2. SUSHAMMAKUMARI, W/O. B.RADHAKRISHNAN PANDALUMANCHUVATTIL HOUSE, EAST GATE, VAIKOM.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.ROY JOSEPH SMT.M.S.SOUJATH RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. AUTHORIZED OFFICE, STATE BANK OF TRAVANCORE, VAIKOM BRANCH, KERALA. 2. BRANCH MANAGER, STATE BANK OF TRAVANCORE VAIKOM BRANCH. 3. VAIKOM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, VAIKOM, KOTTAYAM DISTRICT. 4. DISTRICT COLLECTOR, KOTTAYAM. 5. ABHILASH CHANDRAN, ADVOCATE COMMISSIONER ANCHRIL COMMERCIAL COMPLEX, LOGOS JUNCTION, KOTTAYAM. R1 & R2 BY STANDING COUNSEL SRI.K.S.DILIP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2005 of 2009 ------------------------------------------ Dated this the 15th day of September, 2009 JUDGMENT A.K.Basheer, J. This writ appeal has been preferred against an interim order passed by the learned Single Judge in W.P.(C) No.10064 of 2009 which is admittedly pending. By the impugned order, the learned Single Judge had directed the appellants to remit a sum of Rs.3,00,000/- within a period of one month on which payment the Bank was to consider whether the appellants can be given some time to pay the balance amount. 2. Having heard learned counsel for the appellants and the learned Standing Counsel appearing for the respondent No.2 Bank, we do not find any reason to interfere with the interim order passed by the learned Single Judge. However, it is brought to our notice that the appellants have remitted a sum of Rs.50,000/- after the passing of the impugned order. In the peculiar facts and W.A.No.2005 of 2009. - 2 - circumstances of the case, we are satisfied that the appellants can be given some breathing time. If the appellants remit the balance amount of Rs.2,50,000/- within six weeks from today, the Bank shall receive the same and consider the request, if any that may be made by the appellants, to grant them further time to pay off the balance as directed by the learned Single Judge. Writ appeal is closed in the above terms. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns