High Court of KeralaWA/1874/2015closed

The State Bank Of Travancore v. Umalakshmi Varasyar

2015-10-13Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WA.No. 1874 of 2015 IN WP(C).8744/2015 --------------------------------------- AGAINST THE JUDGMENT IN WP(C) 8744/2015 of HIGH COURT OF KERALA DATED 06-04-2015 APPELLANTS/RESPONDENTS:

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1. THE STATE BANK OF TRAVANCORE, HOSDURG BRANCH, KANHANGAD.P.O, KASARAGOD DISTRICT PIN-671315, REPRESENTED BY ITS CHIEF MANAGER.

2. THE AUTHORISED OFFICER(CHIEF MANAGER), STATE BANK OF TRAVANCORE, HOSDURG BRANCH KANHANGAD.P.O, KASARAGOD DISTRICT, PIN-671315. BY ADVS.SRI.T.SETHUMADHAVAN (SR.) SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT/PETITIONER:

---------------------- UMALAKSHMI VARASYAR, AGED 77 YEARS W/O.NARAYANA VARIER, RESIDING AT MUNDOTT HOUSE PULLUR.P.O, PULLUR, KASARAGOD DISTRICT-671121. BY SRI.T.MADHU THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami/

ASHOK BHUSHAN, C.J. & A.M.SHAFFIQUE, J.

------------------------------------- W.A.No.1874 of 2015 ---------------------------------- Dated this the 13th day of October, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Heard the learned counsel for the appellants and the learned Government Pleader in the matter.

2. This writ appeal is filed against the judgment dated 6.4.2015 in W.P.(C)No.8744/15, by which order, the learned Single Judge has disposed of the writ petition filed by the respondent herein, permitting her to deposit the outstanding amounts in 10 equal and successive monthly instalments commencing from 20.4.2015. The learned counsel for the appellants contends that the amount had become NPA long before and the respondent did not make the payment as per the agreement. Be that as it may, as the learned Single Judge has exercised his discretion in disposing the writ petition permitting the petitioner therein to pay the entire outstanding amounts in 10 equal and successive monthly

W.A.No.1874 of 2015 instalments, we see no reason to interfere with the order. The Bank's interest is protected in view of direction no.2 in the judgment. With the above observation, this writ appeal is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A.to Judge