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Judgment
S. Manikumar, CJ
Instant appeal is filed, being aggrieved by the judgment dated 06.03.2017 in W.P.(C) No. 341 of 2017, whereby the appellant was directed to pay the outstanding amount. Operative portion of the said judgment reads thus:
“3. In the totality of the circumstances, especially considering the fact that the petitioner is attempting to save his valuable property and since the petitioner undertakes to pay up the entire amounts within two months along with due compensation to the 5 th respondent, the following orders are passed:-
i. The petitioner shall immediately transfer Rs.5,00,000/- to the loan account, at any rate within one week from today.
ii. The petitioner shall also pay the balance amounts, i.e, Rs.3,50,000/- along with interest due on Rs.8,50,000/- at the rates agreed on in the original loan agreement from 12.01.2017 to the date of payment. The interest on Rs.5,00,000/- shall be limited till the date on which the transfer is effected to the loan account.
iii. The petitioner is granted two months time to pay up the balance Rs.3,50,000/- as also the interest charged by the Bank which shall be communicated to the petitioner by a statement.
iv. The petitioner shall also be liable for the interest in the loan availed by the 5th respondent from the 2nd respondent Bank which statement as on the date of payment shall also be supplied to the petitioner.
v. On the petitioner remitting the entire balance amount, Rs.6,40,000/- shall be refunded to the 5 th respondent first by way of satisfaction of the principal of his loan account and if there is any balance, directly to him. The interest due in the loan account of the 5 th respondent along with the interest under the One Time Settlement Scheme shall be the additional liability of the petitioner. On the petitioner effecting the transfer of Rs. 5,00,000/-, as directed, the Bank shall inform the petitioner the interest due from the 5th respondent in his loan account and the interest due on the OTS amounts as on 06.05.2017, which shall be paid on or before that day. On the petitioner complying with the above conditions, the sale shall stand set aside.
vi. If the petitioner does not comply with any of the directions above within the time stipulated the Bank would confirm the sale in the name of the 5th respondent.”
Along with the appeal, C.M. Application No. 1 of 2018 is filed to condone the delay of 545 days in filing the appeal. An affidavit is also filed in support of the petition explaining the reasons for the delay and that the learned counsel did not communicate the decision of this Court in W.P.(C) No. 341 of 2017 and hence, the delay occurred.
The litigant should be more diligent in prosecuting his case. Further, the time granted by this Court to pay the amount in instalments has also expired by efflux of time. Therefore, there is no point in setting aside the impugned judgment.
For the above reasons, C.M. Application No. 1 of 2018 filed to condone the delay is dismissed. Consequently, the appeal is also dismissed.