IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Con.Case(C).No. 1339 of 2011(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WA.1421/2011 Dated 25/10/2011 .................... PETITIONER(S): --------------- SAINULABDEEN,AGED 47 YEARS, S/O.JAMAL MUHAMMED,SABEEL MANZIL,CHERUVELI, CHULLIMANOOR P.O,NEDUMANGAD,THIRUVANANTHAPURAM PERMANENTLY RESIDING AT THINAVILA VEEDU, PERUMKOOR,KONICHIRA P.O,VEMBAYAM,TRIVANDRUM BY ADV. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- MR.SHIBU MATHEW,AGED AND FATHER'S NAME AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONE R,NOW WORKING AS BRANCH MANAGER, FEDERAL BANK,NANTHANCODE BRANCH,TRIVANDRUM 695 001 ADV. SRI.A.ANTONY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con.Case(C).No. 1339 of 2011( APPENDIX PETITIONER'S EXHIBITS: ANNEXURE 1: COPY OF JUDGMENT DATED 25.10.2011 IN WA.NO.1421 OF 2011. ANNEXURE 2: COPY OF POSTAL RECEIPT EVIDENCING THE DISPATCH OF ANNEXURE 1 JUDGMENT BY SPEED POST ON 11.11.2011. ANNEXURE 3: COPY OF ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF ANNEXURE 1 JUDGMENT BY THE RESPONDENT THROUGH SPEED POST. ANNEXURE 4: COPY OF NOTICE DATED 1.12.2011 BY SPEED POST TO THE RESPONDENT. /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- Cont.Case (C).No. 1339 of 2011 ---------------------------------------------- Dated this the 22nd day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. Heard learned counsel on both sides. The direction in the judgment of the Division Bench dated 25.10.2011 in W.A.No. 1421 of 2011 is as follows: “3. After hearing both sides what we notice is that the appellants have paid a total amount of Rs.1.40 crores towards the loan and interest and the balance as on today is only Rs.72.50 lakhs. Since the loan is secured on property and the appellants are not contesting liability and having regard to the amount involved, at least two months' time can be granted to the appellants to settle the liability with direction to the Bank to waive penal interest, if liability is settled within two months from today, and there will be direction to that effect. However, if there is still breach, then the waiver of penal interest granted by us will stand automatically vacated and the Bank should proceed for recovery of the entire amount after two months from now. There will also be a direction to the appellants not to encumber, sell or part with possession of the mortgaged property until arrears due to the Bank are cleared. The payment COC.1339/11 2 should be made on or before 25.12.2011. All coercive steps for recovery should be kept in abeyance till 25.12.2011 for settlement of liability as above.” The complainant came up before this Court complaining willful disobedience of the direction of the judgment of the Division Bench. After hearing counsel for the respondent on the last occasion, we directed the respondent-Bank to file detailed calculations indicating the rate of interest from time to time calculated against the three loan amounts in separate calculations. Accordingly, the details are furnished and as we note from the details furnished by the Bank today, no penal interest as such is calculated on any of the three accounts pertaining to complainant/borrower. We are also informed by the learned counsel for the complainant that a sum of Rs.60,00,000/- (sixty lakhs) is already deposited with the respondent-Bank and to get the benefit of the judgment of the Division Bench, the complainant has to clear the entire dues on or before 25.12.2011. Learned counsel for the complainant says, a breathing time may be given to the complainant to clear off the balance amount due as indicated by the respondent today (excluding the penal interest). If the complainant seeks extension of time for making COC.1339/11 3 payment, we are afraid that the same cannot be done in these contempt proceedings. The complainant is at liberty either to approach the Division Bench, which granted the benefit to them or the Bank concerned so as to make the payment. With the above observation, we close the contempt proceedings. Sd/- MANJULA CHELLUR, ACTING CHIEF JUSTICE Sd/- P.R.RAMACHANDRA MENON, JUDGE vgs /true copy/ ps to judge