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High Court of KeralaWA/2511/2015dismissed

Jayakumar P.S. v. The Area Manager And Authorized Officer

2015-12-08Honourable 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 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WA.No. 2511 of 2015 () ----------------------------------- AGAINST THE JUDGMENT IN WP(C) 28462/2015 DATED 22/09/2015 -------------------- APPELLANT/PETITIONER :

--------------------------------------- JAYAKUMAR P.S., SAI BHAVAN, KAYYANIKONAM, POWDIKONAM P.O.

THIRUVANANTHAPURAM.

BY ADV. SRI.T.R.RAJAN RESPONDENT/RESPONDENT :

--------------------------------------------- THE AREA MANAGER AND AUTHORIZED OFFICER THE CATHOLIC SYRIAN BANK LTD., MALANKARA BUILDING COMPLEX, PALAYAM THIRUVANANTHAPURAM, PIN - 695 034.

BY ADV. SRI.C.A.JOY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn

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

* * * * * * * * * * * * * W.A.No.2511 of 2015 ---------------------------------------- Dated this the 8th day of December 2015

J U D G M E N T

Ashok Bhushan, J Heard learned counsel for the appellant.

2.

This writ appeal has been filed against the judgment dated 22/09/2015 in W.P.C.No.28462 of 2015 by which the learned Single Judge has disposed of the writ petition granting the writ petitioner liberty to deposit the outstanding amount as on 01/05/2015 in ten equal and successive monthly instalments commencing from 15/10/2015.

3.

Although it is submitted by the learned counsel for the appellant/writ petitioner that certain amount has been deposited in pursuance of the judgment of the learned Single Judge, the only prayer pressed before us now is that the time for depositing the first instalment may be extended by a period of three months. 4.

The judgment of the learned Single Judge granting facility to the appellant/writ petitioner to deposit the amount in instalments, in exercise of equitable jurisdiction, had done

W.A.N.2511/2015 substantial justice to the appellant. However, considering the submission made by the learned counsel for the appellant, we direct that the first instalment shall be deposited by the appellant with effect from 15/12/2015.

Subject to the above, this writ appeal is dismissed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/08/12/2015