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2020 Supreme(Ker) 74

S.MANIKUMAR, SHAJI P.CHALY
ICICI Bank Ltd. – Appellant
Versus
Nassaruddin Abdul Majeed – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Lal K. Joseph, Sri. A.A. Ziyad Rahman, Sri. Suresh Sukumar, Sri. V.S. Shiraz Bava, Sri. Chacko Mathews K.
For the Respondent: Sri. V.S. Chandrasekharan.

JUDGMENT :

S. MANIKUMAR, J.

1. Challenge in this writ appeal is to the order made in I.A. No. 1 of 2020 in W.P. (C) No. 17959 of 2019 dated 8.1.2020, by which, the learned single Judge has granted two months' time to pay off the liability, in terms of the judgment rendered earlier in W.P. (C) No. 17959 of 2019.

2. Short facts leading to the appeal are that: 1st respondent is availed certain loans from ICICI Bank, appellants herein. When there is default, the Bank has issued Ext.P2 notice demanding a sum of Rs. 5,29,037/- which reads thus:

    “ICICI Bank

WITHOUT – PREJUDICE

June 25, 2019

Mr. Nassaruddin Abdul Majeed

Pallikunnel House, X/199

Nettoor P.O.

Near Concord Motors,

Ernakulam

Ernakulam-682 304

Madam/Dear Sir,

Sub: Pending dues in your Home Loan Agreement No. LBCOC00002914979

We wish to state that you had approached the Bank for availing a Home loan. Pursuant to our consideration of your application, a Home loan was disbursed/sanctioned to you and an agreement was thereafter executed with you for availing the said loan facility to the tune of Rs. 35,62,500/- on the terms and condition mo

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