Sojan v. Federal Bank Ltd

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 OP(C).No. 3024 of 2014 (O) ------------------------------- (OS 96/1998 of ADDL.SUB COURT, NORTH PARAVUR) PETITIONER:

-------------- SOJAN, AGED 56 YEARS, S/O.RAPHEAL, THEKKANATH PANDARAVALAPPIL KANDASAMKADAVU P.O., KARAKKAMUKU VILLAGE THRISSUR TALUK, THRISSUR DISTRICT.

BY ADVS.SRI. VARGHESE C. KURIAKOSE SRI.P.V.VARGHESE (KANJIRAMATTOM) SRI.VINCENT RAPHAEL RESPONDENTS:

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1. FEDERAL BANK LTD ALUVA, REP.BY ITS BRANCH MANAGER, ANGAMALY BRANCH 683572.

2. M/S.PARAKKA JEWELLERS A REGISTERED PARTNERSHIP FIRM REP.BY MANAGING PARTNER, 683572.

3. SABU.S.PARAKKAL, AGED 44 YEARS S/O.P.Y.SCARIA, PARAKKAL JEWELLERS, PARAKKA HOUSE KANJOOR, 683575.

4. JOSHY SCARIA S/O.P.Y.SCARIA, PARAKKA JEWELLERS, PARAKKA HOUSE KANJOOR, 683575.

5. CICILY @ SEENA D/O.LATE SCARIA, PARAKKA HOUSE, KANJOOR 683575.

6. THRESSIA @ SHEEJA D/O.LATE SCARIA, PARAKKA HOUSE, KANJOOR 683575.

R1 BY ADV. SRI.K.NARAYANAN (PARUR) R1 BY ADV. SRI.DEEPAK JOY.K.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 3024 of 2014 (O) ------------------------------- APPENDIX PETITIONER'S EXHIBITS:

--------------------------- EXHIBIT-P1: TRUE PHOTOSTAT COPY OF E.A.NO.136/2011 IN O.S.NO.96/98 ON THE FILE OF ADDITIONAL SUB COURT, NORTH PARAVUR. EXHIBIT-P2: TRUE PHOTOSTAT COPY OF E.A.NO.862/2014 IN O.S.NO.96/98 ON THE FILES OF ADDITIONAL SUB COURT, NORTH PARAVUR. EXHIBIT-P3: TRUE PHOTOSTAT COPY OF COUNTER AFFIDAVIT IN O.S.NO.96/98 ON THE FILES OF ADDITIONA SUB COURT, NORTH PARAVUR.

EXHIBIT-P4: TRUE PHOTOSTAT COPY OF TYPE WRITTEN ORDER DATED 11.12.2014 E.A.NO.862/2014 IN E.P.NO.23/2009 IN O.S.NO.96/98 ON THE FILES OF ADDITIONAL SUB COURT, NORTH PARAVUR.

EXHIBIT-P5: TRUE PHOTOSTAT COPY OF CLAIM PETITION AS E.A.NO.890/2014 IN O.S.NO.96/98 ON THE FILES OF ADDITIONAL SUB COURT, NORTH PARAVUR.

RESPONDENT'S EXHIBITS: NIL.

----------------------------- // True Copy // P.A. to Judge.

smp

P.BHAVADASAN, J.

-------------------------------------------------- Original Petition (Civil) No.3024 OF 2014 -------------------------------------------------- Dated this the 24th day of February, 2015.

J U D G M E N T

After having heard the learned counsel on both sides, this Court suggested that in settlement of the entire decree amount, a sum of Rs.7.25 lakhs shall be paid by the petitioner herein to the Bank concerned.

2. Sri.Varghese C.Kuriakose, learned counsel appearing for the petitioner prays time till 31.12.2015 to discharge the debt to which Sri.K.Narayanan, learned counsel appearing for the Bank is not agreeable. It is pointed out by the learned counsel appearing for the Bank that the time sought for by the petitioner is a long period and interest that accrues during that period has also to be considered.

3. There seems to some substance in the contention raised by the learned counsel appearing for the Bank.

4. After having given anxious consideration to various aspects, it is felt that the petitioner be allowed to pay the amount

O.P.(C) No.3024/2014 in two equal instalments.

The petitioner is allowed to pay Rs.7.25 lakhs in two equal instalments, first of which shall be paid on or before 31.05.2015 and the balance amount shall be paid on or before 30.09.2015. If any default is committed by the petitioner, the Bank will be entitled to proceed with the execution against the movable properties as well as immovable properties.

This original petition is disposed of as above. Sd/- P.BHAVADASAN JUDGE smp