IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2388 of 2009()
1. HDFC BANK LTD.,S.L.PLAZA, PALARIVATOM
... Petitioner
Vs
1. BABURAJ.C.C. S/O. CHANDRA SEKHARAN,
... Respondent
2. HDFC BANK LTD. HDFC BANK HOUSE,
For Petitioner :SRI.T.RAJESH
For Respondent :SRI.R.ANILKUMAR
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :27/10/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 2388 OF 2009
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Dated this the 27th day of October, 2009
JUDGMENT
S.R.Bannurmath, C.J.
According to the appellant, the amount due from
respondent No.1 is Rs.2,45,000/- and the learned Single
Judge has unnecessarily granted six instalments starting from
31st October 2009, even though he is a chronic defaulter.
Aggrieved by the same and owing to certain practical
difficulties, the appellant/respondent No.1 has filed this Writ
Appeal.
2. After discussing with learned counsel for the parties,
they agree that if the order is modified in the following terms,
both will be satisfied. Hence, it is directed that the entire
amount will be paid in four instalments instead of six
instalments, starting from 10th November, 2009 instead of 31st
October 2009. So far as the condition of default clause is
concerned, it will remain unannulled. It is also made clear
that the next three instalments shall be on the respective last
WA No.2388 of 2009
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working day of the succeeding three months.
The Writ Appeal is disposed of as above.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb/vgs