IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 RFA.No. 691 of 2009() --------------------- OS.267/2008 of II ADDL.SUB COURT,ERNAKULAM .................... APPELLANTS (S):DEFENDANTS: ---------------------------------------------- 1. SAFI COTTAGE INDUSTRIES, REPRESENTED BY ITS MANAGING PARTNER P.A.SAJAN, S/O.ABDUL AZEEZ, PUTHENVEEDU, DELLAKADAPARAMBU, ELAMAKKARA, KOCHI. 2. P.A.SAJAN, S/O.ABDUL AZEEZ, PUTHENVEEDU, DELLAKADAPARAMBU, ELAMAKKARA, KOCHI. 3. ZEENATH SAJAN, PUTHENVEEDU, DELLAKADAPARAMBU, ELAMAKKARA, KOCHI. 4. A.M.FATHIMA, AGED 68 YEARS, PUTHENVEEDU, DELLAKADAPARAMBU, ELAMAKKARA, KOCHI. BY ADV. SRI.R.MANOJ RESPONDENT(S): PLAINTIFF: ------------------------------------------ STATE BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, STRESSED ASSETS RESOLUTION CENTRE, M.G.ROAD, KOCHI - 682 011. BY ADV. SRI.K.S.DILIP SRI.SAJU N.A. SRI.SAJUSH PAUL. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- R.F.A.No.691 of 2009-D ----------------------------------------- Dated, this the 18th day of October, 2011 J U D G M E N T K.M.Joseph, J. Appellants are defendants in a suit for money filed by the respondent Bank. The suit filed by the Bank stands decreed in a sum of Rs.4,41,969.73 with future interest at the rate of 6% per annum and cost. 2. We heard the learned counsel for the appellants and learned counsel for the respondent Bank. Learned counsel for the appellants, in fact, only sought some time for effecting payment. According to him, appellants are in dire financial difficulties, and, if given some time they are prepared to pay off the entire decreetal amount. Learned counsel in fact sought time till 30th March, 2013. We heard the learned counsel for the Bank also in this regard. Learned counsel for the Bank had raised objection against granting of time till 30.3.2013. We suggested 30.6.2012 as the date by which the appellants are to pay off the entire decreetal amount. There is no serious objection for this course. In view of the fact that the parties have agreed for the time RFA 691/2009 -2- suggested by the Court, we dispose of the appeal by granting time till 30.6.2012 to the appellants to pay off the entire amount under the impugned decree. Needless to say, if the appellants do not make payments on or before 30.6.2012, it will be open to the respondent Bank /decree holder to proceed to execute the decree. The parties shall bear their respective costs in this appeal. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS