IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
RP NO. 553 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 22096/2021 OF HIGH COURT OF
KERALA
REVIEW PETITIONERS/PETITIONERS:
1 VIJAYAKUMAR .P.S
AGED 55 YEARS
S/O. SUBRAMANIAN, PUTHENKATTIL HOUSE, SRINGAPURAM,
KODUNGALLUR P.O., THRISSUR-680 664
2 MINI VIJAYAKUMAR,
AGED 49 YEARS
S/O. VIJAYAKUMAR, PUTHENKATTIL HOUSE, SRINGAPURAM,
KODUNGALLUR P.O., THRISSUR-680 664
BY ADV E.V.MOLY
RESPONDENTS:
1 UNION BANK OF INDIA
KODUNGALLUR BRANCH, KODUNGALLUR-680 664, THRISSUR
DISTRICT-680 644, REPRESENTED BY THE BRANCH MANAGER.
2 THE AUTHORIZED OFFICER,
UNION BANK OF INDIA, REGIONAL OFFICE, ERNAKULAM RURAL,
ERNAKULAM-682 025
OTHER PRESENT:
SC,SRI.A.S.P KURUP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.NO. 553 of 2022
IN
W.P.(C)NO. 22096 OF 2021
2
BECHU KURIAN THOMAS, J.
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R.P.NO. 553 of 2022
IN
W.P.(C)NO. 22096 OF 2021
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Dated this the 01st day of July, 2022
ORDER
This petition seeks for a review of the judgment dated 9/3/2022. As per the judgment, petitioners are granted instalment facility to clear the total outstanding amount of Rs.57,19,392 in '12' monthly instalments.
2. The learned counsel for the petitioner submitted that except for an amount of Rs.7,50,000/-paid by the petitioner, the balance of the instalments have been defaulted and they seek a breathing time to clear the default.
3.Though the learned counsel for the respondent vehemently objected to the grant of time I am of the view that a breathing time can be given to clear the defaulted instalments.
4. Accordingly, if the petitioner pays an amount of Rs.10 lakhs on or before 11/07/2022, the benefit of instalment facility granted as per the judgment shall continue to be available to the petitioner. The payment if made as directed above shall be adjusted towards the instalments stipulated in the judgment. It is clarified that, if any R.P.NO. 553 of 2022 IN W.P.(C)NO. 22096 OF 2021 3 further default occurs petitioners shall be restrained from moving any application for an extension of time. Notwithstanding the above, if the petitioner intends to close the loan account, it is at liberty to do so on payment of the amounts due thereon.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM 2/7/22 R.P.NO. 553 of 2022 IN W.P.(C)NO. 22096 OF 2021 4 APPENDIX OF RP 553/2022 PETITIONER'S ANNEXURES :
Annexure A1 THE TRUE COPY OF THE NOTICE RECEIVED FROM THE ADVOCATE COMMISSIONER. //TRUE COPY// PA TO JUDGE