High Court Kerala High Court

Nissar.A. vs Tamilnad Mercanble Bank Ltd on 20 August, 2008

Kerala High Court
Nissar.A. vs Tamilnad Mercanble Bank Ltd on 20 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24305 of 2008(R)


1. NISSAR.A., 38 YEARS, S/O.ABDUL JABBAR
                      ...  Petitioner
2. M.A.RAVI, 34 YEARS, S/O.ABDUL JABBAR,

                        Vs



1. TAMILNAD MERCANBLE BANK LTD.,
                       ...       Respondent

2. AUTHORISED OFFICER, TAMILNAD MERCANBLE

                For Petitioner  :SRI.V.S.AFSAL KHAN

                For Respondent  :SRI.V.V.SURENDRAN

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :20/08/2008

 O R D E R
                        S.SIRI JAGAN, J
                 ==================
                   W.P(C)No.24305 of 2008
                 ==================
           Dated this the 20th day of August, 2008.

                       J U D G M E N T

The petitioners are defaulters in repayment of loan

amounts due to the 1st respondent Bank. The Bank initiated

proceedings under the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002, for recovery of the amounts due from the petitioners.

The petitioners challenged the same before the Debts Recovery

Tribunal, Ernakulam, in an appeal under Section 17 of the Act.

The appeal was dismissed by the Tribunal permitting the

petitioners to pay the loan amounts in instalments. The

petitioner requested the Tribunal for extension of time, which

was not declined.

2. In the above circumstances, the petitioner has

approached this court with this writ petition seeking further

time to pay the amounts. I do not think that such claim can be

ordinarily entertained. However, taking a lenient view, I grant

time till 31.8.2008 for payment of amount, purely as a matter

of indulgence failing which all the consequences will

automatically follow.

The writ petition is disposed of as above.

S.SIRI JAGAN, JUDGE
rhs