IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 WP(C).No. 5784 of 2009(P) ------------------------- PETITIONER: ----------------- 1. M/S. PALANATTIL CONSTRUCTION COMPANY REVIEW BUILDING,KURISADI JUNCTION, NALANCHIRA PO, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING PARTNER RAJAN M.KURIAN. 2. RAJAN.M.KURAIN, S/O.KURIAN RESIDING .AT MAMPILAVIL HOUSE, PONGAMOODU, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. 3. KURIAN P.PAUL,PALANATTIL HOUSE PUNNACKAL P.O.,MUVATTUPUZHA. 4. BABY SIMON, MALAYIL HOUSE, KARUVALLOOR P.O, PUNALUR. 5. P.POULOSE, REVIEW BUILDING, KURASADI JUNCTION, NALANCHIRA PO, THIRUVANANTHAPURAM. 6. SMT.PAGGY SUSAN GEOREGE NO.37, ROSE NAGAR, NALANCHIRA PO, THIRUVANANTHAPURAM. 7. SAJU GEORGE, NO.37, ROSE NAGAR, NALANCHIRA PO, THIRUVANANTHAPURAM. 8. SMT.BENJA PAUL, REVIEW BUILDING, KURISADI JUNCTION NALANCHIRA PO, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAMASWAMY PILLAI ADV. SRI.P.M.JOSEPH WP(C).No. 5784 of 2009(P) RESPONDENTS: ---------------------- 1. THE FEDERAL BANK LTD. REGD.OFFICE,ALUVA, REPRESENTED BY ITS CHAIRMAN. 2. THE REGIONAL MANAGER FEDERAL BANK LTD, RAIBON SHOPPING COMPLEX WEST OF MEDICAL COLLEGE JUNCTION, ALAPPUZHA. 3. THEAUTHORISED OFFICER FEDERAL BANK, REGIONAL OFFICE RAIBAN SHOPPING COMPLEX, WEST OF MEDICAL COLLEGE ALAPPUZHA. 4. THE FEDERAL BANK LTD KAYAMKULAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER. R3 BY ADV. SRI.MOHAN JACOB GEORGE BY ADV. SMT.P.V.PARVATHI BY ADV. SMT.REENA THOMAS BY ADV. SRI.L.RAM MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 5784 OF 2009 ......................................................................... Dated this the 26th May, 2009 J U D G M E N T The grievance projected in the Writ Petition was taken note of by this Court when the interim order dated 02.04.2009 was passed by this Court, whereby the petitioners were directed to clear the liability by depositing a sum of Rs. Two lakhs on or before 30.04.2009 followed by monthly remittance, at the rate of Rs.Five lakhs, on or before the last working day of succeeding months commencing from May, 2009. It was also made clear that if any default was made from the part of the petitioners in remitting the periodical instalments, the benefit of the said order would stand recalled. The limited prayer now projected before this Court at the time of final hearing is that the petitioners have satisfied the conditions imposed for effecting the deposit as specified, before 30.04.2009 and that they may be permitted to continue to effect the payments as ordered, but to the extent, to permit them to continue to effect the periodical payments from June, 2009, instead of May, 2009, in view of W.P.(C) No. 5784 OF 2009 2 some unforeseen circumstances. 2. The learned counsel for the Bank submits that much leniency has already been given to the petitioners as evident from Ext. P11 judgment passed by this Court on 17.03.2008, whereby the petitioners were permitted to clear the entire liability by four equal instalments, but it was not properly complied with. The respondent Bank further submits that again the petitioners approached this Court by filing I.A.No.7023 of 2008 for further extension of time which was also granted by this Court as per Ext.P16 order dated 03.07.2008. It is also pointed out by the learned counsel that the actual amount due from the petitioners is more than Rs.32 lakhs and that the observation made in the interim order dated 02.04.2009 that it was above Rs.23 lakhs was only a factual mistake, which hence is sought to be corrected. 3. Considering the facts and circumstances, this Court makes it clear that the respondent Bank will be entitled to realise the entire outstanding dues as per the accounts, including the cost and expense. Even though the periodical instalment was prescribed by this Court on the impression that the liability was W.P.(C) No. 5784 OF 2009 3 just above Rs.23 lakhs, this Court does not find it necessary to modify the same at this point of time. In the said circumstances, the interim order dated 02.04.2009 is hereby made absolute. Considering the limited prayer made by the petitioner, they are permitted to continue to effect the payments at the rate of Rs. Five lakhs , commencing from June, 2009 instead of May, 2009. It is also made clear that under no circumstances, the petitioners will be entitled to approach this Court seeking for extension of time and that the same will not be entertained under any circumstances. The learned counsel for the Bank fairly submits that if the petitioners comply with the directions as above, effecting instalments as specified above, all further proceedings pursuant to the sale notified would be deferred. The above submission is recorded. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE. lk