IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WA.No. 489 of 2010 -------------------- AGAINST THE JUDGEMENT IN WPC.24197/2009 Dated 12/11/2009 .................... APPELLANT/PETITIONER: --------------------------- BHASKARAN ADIYODI, S/O.GOPALAN NAMBIAR, PARTNER, M/S.MAHARAJA TRADERS, PAIKKATTU HOUSE, ATHIYODI P.O., KOORACHUNDU, KOZHIKODE DISTRICT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE BRANCH MANAGER, DENA BANK, CALICUT, R.G.B. ARCADE,OPP. GANDHI PARK, CHEROOTY ROAD,CALICUT - 673 002. 2. THE AUTHORIZED OFFICER/CHIEF MANAGER, DENA BANK, CHENNAI REGIONAL OFFICE, 32, VENKATESAN STREET, T. NAGAR, CHENNAI - 17. 3. UNNIKRISHNAN NAIR, S/O.LATE KRISHNANKUTTY KURUP, M/S. MAHARAJA TRADERS, KARTHIKA, ARAMBACHALIL HOUSE, PANTHEERANKAVU POST, CALICUT, PIN - 673 019. 4. AJI JOSEPH, S/O.K.C. JOSEPH, PARTNER, M/S.MAHARAJA TRADERS, KANAKKACHERI HOUSE, KAYANNA P.O., CHAKKITTAPARA, CALICUT DIST. PIN - 673 526. R1 & R2 BY SRI.RAJAGOPALAN NAIR, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.R.Raman, J. - - - - - - - - - - - - - - - - -- - - - - - - - - - - W.A.No. 489 OF 2010 and C.M. Appl. No.262 OF 2010 - - - - - - - - - - - - - - -- - - - - - - - - - - - - - Dated this the 19th day of March, 2010 JUDGMENT J.Chelameswar, CJ. Delay in filing the appeal is condoned. 2. This appeal is preferred purportedly aggrieved by the judgment of this Court dated 12.11.09 in WP(C) 24197 of 2009. The judgment under appeal, on the face of it, appears to be an order passed by the consent of the parties including the appellant herein. 3. The writ petition itself was filed challenging the proceedings initiated against the appellant under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In the judgment under appeal, the learned Judge recorded the undertaking of the appellant that the appellant would pay the balance outstanding to respondents 1 and 2 in instalments as specified in the judgment (details of which are not necessary for the WA No.489 OF 2010 and C.M. Appl. No.262 OF 2010 -:2:- present purpose). 4. When confronted with the question as to the maintainability of appeal against the consent order, the learned counsel for the appellant, Sri. R.Sudhish, submitted that he would not press the appeal, but only prays for further time to the appellant to make payment of the balance amount due to respondents 1 and 2. The learned counsel for respondents 1 and 2 Sri.Rajagopalan Nair, expressed his willingness to grant some more time, though the original time granted under the judgment under appeal has elapsed. In the circumstances, the appeal is dismissed as not pressed, recording the undertaking of the appellant that the appellant would pay an amount of Rs.2 lakhs(Rupees two lakhs only) on or before 30th of April, 2010 and the balance amount in three equal monthly instalments to be paid on or before 30th of every succeeding month. Default in payment of any one of the instalments would enable respondents 1 and 2 to proceed with the realisation of the money, in accordance with law, without WA No.489 OF 2010 and C.M. Appl. No.262 OF 2010 -:3:- any further notice and the appellant would be prohibited from raising any objection regarding the legality or otherwise of the proceedings taken so far. J.Chelameswar, Chief Justice. P.R.Raman, Judge. ttb