The petitioner has approached this Court seeking an instalment facility due under the loan amount. The petitioner is the guarantor for the business loan taken by 'St Mary's Sanitary and Tiles'. The petitioner submits that he may be given time to pay off the liability in instalments till 20.11.2014.
2. The petitioner submits that he has approached this Court in W.P.(C) No.28671 of 2013 and this Court granted the petitioners to pay the amount due in ten equal monthly instalments starting from 01.01.2014. This judgment is dated 21.11.2013. The petitioner also submits that he could not pay the entire amount as directed by this Court though he has paid the substantial amount.
W.P.(C) No.28323 of 2014 2
3. The learned Standing Counsel for the Bank opposed the prayer. The Standing Counsel submits that the petitioner after the judgment sought extension of time for paying the defaulted instalments. This Court has granted extension of time. It is also submitted that the petitioner had approached this Court in another Writ Petition No.13704 of 2014 and this Court granted one month's time to the petitioner to settle the entire liabilities. Therefore, the petitioner is not entitled for any indulgence from this Court.
I am also of the view that the petitioner having invoked his remedy before this Court on an earlier occasion and failed to honour his commitment in terms of the directions of this Court, he is not entitled for any relief from this Court. However, it is submitted that the petitioner is residing in the secured assets and symbolic possession has been taken over by the Bank. Therefore, there shall be a direction to the Bank W.P.(C) No.28323 of 2014 3 not to dispossess the petitioner till 20.11.2014. It is made clear that, it is open for the Bank to take any action against the petitioner to obtain dispossession after 20.11.2014.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln