IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
RP NO. 241 OF 2022
AGAINST THE JUDGMENT IN WP(C) 19154/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/ PETITIONERS :
1 BEENA P.T.,
AGED 45 YEARS
W/O. RAVOOTTY, PUNNATHOTTATHIL HOUSE,
VATAYAM, KOZHIKODE DISTRICT
2 VILASINI,
AGED 66 YEARS,
W/O. KANNAN, PUNNATHOTTATHIL HOUSE,
VATAYAM, KOZHIKODE DISTRICT.
BY ADVS.
P.V.ANOOP
K.V.SREERAJ
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
RESPONDENTS/ RESPONDENTS :
1 AUTHORISED OFFICER,
KUTTIADY CO-OPERATIVE URBAN BANK LIMITED NO.D2650,
KUTTIADY (PO), KOZHIKODE DISTRICT,
PIN-673 508.
2 BRANCH MANAGER,
KUTTIADY CO-OPERATIVE URBAN BANK LIMITED NO.D2650,
KUTTIADY (PO), KOZHIKODE DISTRICT,
PIN-673 508.
BY ADV P.P.JACOB
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021
2
BECHU KURIAN THOMAS, J.
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R.P. No.241 of 2022
in
W.P.(C) No.19154 of 2021
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Dated this the 20th day of May, 2022
ORDER
Petitioner seeks for a review of the judgment dated 28.09.2021 for extending the period stipulated for repayment of the entire outstanding amount. Petitioner pleads for six months' time or a change of the date fixed or to pay the first instalment to 01.05.2022 instead of 30.10.2021. Special circumstances are pleaded as reasons to review the judgment.
2. I have heard the learned counsel for the petitioners as well as the learned Standing Counsel for the respondents.
3. Having regard to the contentions raised and on a perusal of the judgment, it is noticed that the judgment under review had directed the petitioners to repay the entire overdue amount in 'ten' equated monthly instalments commencing from 30.10.2021. The said period shall expire by 30.08.2022. According to the respondents, the petitioners have only paid a total amount of Rs.2,00,000/- till date and that the claim of the petitioners is not bona fide. The learned counsel submitted that under no circumstances should the review be allowed. R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021 3 Having considered the contentions raised by the petitioners as well as the respondents, I am of the view that the stipulation of repayment of the entire outstanding amounts in 'ten' instalments can be reviewed in view of the peculiar conditions that prevailed till recently so as to enable the petitioners to repay the entire balance amount by 30.11.2022. The variance in the dates will not cause serious prejudice to the respondents also and on the other hand, the same will provide an opportunity to the petitioner to clear the entire liability. The subsequent wave of pandemic, after the judgment under review cannot be lost sight of in respect of the peculiar situation of the petitioner. Thus the judgment dated 28.09.2021 shall stand reviewed to the extent of varying the dates of repayment. Therefore the entire remaining liability due from the petitioner shall be cleared by the petitioner on or before 30.11.2022 provided an amount of Rs.1,00,000/- is deposited on or before 31.05.2022. If the petitioners fail to make the said deposit, the benefit of this order shall not be available and the respondents shall be free to proceed in accordance with law.
The review petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021 4 APPENDIX OF RP 241/2022 PETITIONERS' ANNEXURES :
Annexure A TRUE COPY OF THE RECEIPT DATED
01.11.2021.
Annexure B TRUE COPY OF THE RECEIPT DATED
10.12.2021.
Annexure C TRUE COPY OF THE REMINDER NOTICE DATED
01.02.2022 ISSUED BY THE IST RESPONDENT.