Kerala High Court
Helen Annie Mathew vs Pathanamthitta District ... on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
RP.No.100 OF 2021 IN WP(C). 39975/2018
AGAINST THE JUDGMENT IN WP(C) 39975/2018(V) OF HIGH COURT OF
KERALA
REVIEW PETITIONER:
HELEN ANNIE MATHEW,
AGED 27 YEARS
D/O. MATHEW SAMUEL, GREENLAND HOUSE, MULLANICADU,
VAZHAMUTTOM, PATHANAMTHITTA DISTRICT, KERALA 689 647.
BY ADVS.
SRI.E.ADITHYAN
SMT.RENCY GEORGE
SMT.MEERA RAMESH
SRI.SARUN K. IDICULA
SMT.BHAIRAVI S.N
SRI.J.HARIKRISHNA
RESPONDENT:
PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK
REPRESENTED BY ITS AUTHORIZED OFFICER, OMALLOOR,
PATHANAMTHTITA , KERALA 689 647.
NOW,
PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK,
ALAPPUZHA REGIONAL OFFICE, KERALA STATE CO OPERATE
BANK LIMITED, REPRESENTED BY MANGING DIRECTOR,
CO BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM 695 033.
R1 BY ADV. SRI.N.RAGHURAJ
SRI. N.REGHURAJ - SC
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.02.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.100 OF 2021 IN WP(C). 39975/2018
2
ORDER
This petition has been filed seeking
review of the judgment in W.P(C)No.39975 of
2018 dated 14.12.2018 not because there is
any error apparent on its face, but because
the petitioner has not been able to pay the
amounts as ordered therein.
2. The learned counsel for the
petitioner, Shri.Adithyan Ezhapilly,
submitted that even though this Court had
granted latitude to the petitioner to pay off
the overdues in the manner directed in the
judgment, his client has been unable to do so
due to various extenuating circumstances and
that she is now willing to pay off the entire
loan liability and close it, if she is given
some more time to do so. Shri.Adithyan
Ezhapilly offered that his client will pay
Rs.10 lakhs on or before 31/03/2021 and the
balance in 10 equal monthly instalments
thereafter.
RP.No.100 OF 2021 IN WP(C). 39975/2018
3. In response, the learned Standing
Counsel for the respondent Bank,
Shri.N.Reghuraj, submitted that, normally, no
further lenitude can be shown to the
petitioner, but that taking note of the
COVID-19 pandemic restrictions - which has
gripped the world for the last one year - the
Bank is willing to offer her one last
opportunity to pay off the entire loan
liability. He submitted that if the
petitioner pays at least Rs.15 lakhs by
31/03/2021, the balance amount can be allowed
to be paid in not more than eight equal
monthly instalments. He added that the
balance outstanding, as on 17.02.2021, in the
loan account is Rs.39,76,789/-. He prayed
that this petition be allowed only on such
terms.
4. When I consider the afore
submissions, it is without doubt that the
petitioner cannot ask for a better deal than
RP.No.100 OF 2021 IN WP(C). 39975/2018
what has been now offered by Shri.Reghuraj. I
am, therefore, of the opinion that this
petition can be allowed on such terms.
In the afore circumstances, this review
petition is allowed and the petitioner is
directed to pay Rs.15 lakhs on or before
29.03.2021; in which event she will be
permitted to pay the balance outstanding -
which is stated to be Rs.39,76,789/- as on
17/02/2021 - along with all applicable
charges and interest, in 8 equal monthly
instalments commencing from 29/04/2021.
Needless to say, in all other respects,
the judgment will remain unaltered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/18.2.2021
