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2025 DAILYLAW 6967 (KER)

ABDUL SALAM.K v. CANARA BANK

WP(C)/14454/2025 · 2025-04-07

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30034 W.P (C) No.14454/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 14454 OF 2025 PETITIONER/S: ABDUL SALAM.K AGED 46 YEARS S/O USSANKUTTY, KONNAKKOT HOUSE, AKKODE, VAZHAKKAD, KARUMARAKKAD,MALAPPURAM DT., PIN - 673640 BY ADVS. M.MUHAMMED SHAFI T.RASINI ADHEELA NOWRIN RAMEESA RASHEED RESPONDENT/S: CANARA BANK REP. BY ITS AUTHORIZED OFFICER, VELLIMADAKUNNU BRANCH, KOZHIKODE DT., PIN - 673012 SRI. JAYKAR K.S., SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30034 W.P (C) No.14454/2025 -2- J U D G M E N T This writ petition has been filed essentially seeking extension of time to comply with the conditions imposed by this court in the judgment dated 18-12- 2024 in W.P (C) No.45253/2024. It is the case of the petitioner that initial amount payable by 10-01-2025 in terms of Ext.P1 judgment was Rs.4,00,000/- and that was paid on 13-01-2025, as can be seen from Ext.P2. It is submitted that the petitioner could not pay the instalments payable on 10-02-2025 and 10-03-2025 and presently the Advocate Commissioner has issued notice for taking physical possession of the secured asset. It is submitted that the petitioner will pay off the defaulted instalments within a period of one week from today. 2. Heard the learned counsel for the respondent bank also. 3. Having heard the learned counsel for the petitioner and the learned counsel for the respondent bank and considering the facts and circumstances of the case noticed above and though this writ petition is technically not maintainable, purely as a matter of indulgence, this writ petition will stand disposed of directing that if the instalments payable by the petitioner on 10-02-2025 and 10-03-2025 in terms of Ext.P1 are paid within a period of one week from today (07-04-2025), the petitioner will continue to enjoy the benefit of Ext.P1 judgment. Writ petition ordered accordingly. Sd/- GOPINATH P. JUDGE AMG 2025:KER:30034 W.P (C) No.14454/2025 -3- APPENDIX OF WP(C) 14454/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 18-12-2024 IN WP(C) NO. 45253 OF 2024 Exhibit P2 TRUE COPY OF THE RECEIPT FOR PAYMENT OF RS. 4,00,000/- ISSUED BY THE RESPONDENT BANK DATED 13-01-2025 Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 01-04-2025 ISSUED BY THE ORTHOPAEDIC SURGEON Exhibit P4 TRUE COPY OF ORDER DATED 14-03-2025 IN CMP NO. 700 0F 2025 ON THE FILE OF HON’BLE CJM COURT, KOZHIKODE Exhibit P5 TRUE COPY OF THE POSSESSION NOTICE DATED 29- 03-2025 ISSUED BY THE ADVOCATE COMMISSIONER IN CMP NO. 700 OF 2025