IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WA.No. 481 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2383/2009 Dated 11/02/2009 .................... APPELLANT/PETITIONER ----------------------- V.M.NIZAR, VADAKKAYIL, MUTHALAKULAM THODUPUZHA, REPRESENTED BY POWER OF ATTORNEY HOLDER V.V.GEORGE, CHIRAMEL HOUSE, THODUPUZHA. BY ADV. SRI.C.P.RAVIKUMAR RESPONDENTS/RESPONDENTS: --------------- 1. IDUKKI DISTRICT CO-OPERATIVE BANK LTD REPRESENTED BY ITS GENERAL MANAGER. 2. KERALA STATE CO-OPERATIVE BANK LTD M.G.ROAD, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR. 3. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. ADV.SRI.P.C.SASIDHARAN FOR R1. SRI.NAGARAJ NARAYAN FOR R2. GOVT.PLEADER, SMT.R.BINDU FOR R3. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 8/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A.No.481 OF 2009 ------------------------------- Dated this the 8th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The writ petitioner is the appellant. The interim order passed by the learned Single Judge on 11.2.2009 in I.A.No.1767/2009 in W.P.(C) No.2383/2009 is under challenge. The said order is a clarificatory order, concerning an earlier order passed granting instalment facility to the appellant. The appellant has no legal right to get instalment facility. But, as an equitable relief in certain cases, this Court permits payment of the amount due to the bank in instalments. Going by the terms of the order, we are of the view that the learned Single Judge was very liberal and we find no reason to interfere with the same. But, the learned counsel for the appellant submitted that, he will pay the entire amount due to the bank in terms of the aforementioned interim order, within two months from today. He prays for a direction to the bank to keep in abeyance all further proceedings till such time. In the absence of any legal right for getting such a relief, we are not inclined to entertain the plea for W.A.No.481/2009 2 a direction to the bank to keep in abeyance all further proceedings in the matter. But, the bank may, if it thinks fit, wait for two months for further coercive action. The Writ Appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps