The petitioner has approached this Court with the following prayer:
“Issue a writ or mandamus or any other appropriate writ or order or direction and thereby command the 1st respondent bank to allow the petitioner to clear off the entire arrears outstanding as on today in a feasible monthly installment basis and allow the petitioner to remit the future installments in accordance with the existing schedule of repayment of hire purchase loan or on the basis of the rescheduled scheme.”
2. When the matter came up for consideration before this Court on 13.11.2014, the following interim order was passed;
“The learned counsel for the petitioner submits that the petitioner does not intend to dispute the liability and that the prayer is to satisfy the entire outstanding liability, which is now stated as nearly Rs.5,60,000/- (Rupees Five lakhs sixty thousand only), in a phased manner. It is stated that the petitioner will effect a sum of Rupees Fifty thousand within two days and another sum of Rupees Fifty thousand on or before 30th of this month.
List the matter for further consideration on 01.12.2014.
'Status quo' shall be maintained till that date, so as to test the boafides of the petitioner.”
WP(c). No.29654 of 2014 2
3. The learned counsel for the 1st respondent submits that the amount mentioned as `5,60,000/- in the interim order is towards the 'overdue' in respect of the defaulted instalments. It is pointed out that the condition imposed by this Court to satisfy Rupees One lakh has not been satisfied so far, despite the different adjournments given.
The learned counsel for the petitioner concedes the factual position and submits that the petitioner does not press the writ petition any further.
Accordingly the writ petition is dismissed as not pressed.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
Pn