A.K.Mohammed Ismail vs The North Malabar Gramin Bank on 20 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9025 of 2009(W)


1. A.K.MOHAMMED ISMAIL,
                      ...  Petitioner

                        Vs



1. THE NORTH MALABAR GRAMIN BANK,
                       ...       Respondent

2. THE BRANCH MANAGER,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :20/03/2009

 O R D E R
                THOTTATHIL B RADHAKRISHNAN, J
                    ...........................................
                   WP(C).NO. 9025                  OF 2009
                    ............................................
        DATED THIS THE             20TH DAY OF MARCH, 2009

                                  JUDGMENT

The petitioner, faced with SARFAESI Act proceedings, filed

Ext.P4 writ petition and obtained that judgment, on 26.11.2008

permitting him to pay the amounts in instalments and confining

the recovery to be only for that amount which was covered by a

decree. Now the petitioner wants this court to issue a further

direction in this writ petition, whereby he wants certain

concessions to be extended to him. He says through learned

counsel that the bank is prepared to extend such benefit,

however that Ext.P4 judgment apparently stands in the way. I

am clear in my mind that the said judgment does not impair the

bank from extending any ameliorative concessions. With the said

clarification, this writ petition is closed.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

lgk/23/3