Thoufeeque.C. vs The Kozhikode District ...
2021 Latest Caselaw 10311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                RP.No.252 OF 2021 IN WP(C). 41397/2018

   AGAINST THE JUDGMENT IN WP(C) 41397/2018(Y) DATED 14.01.2018


REVIEW PETITIONER:

               THOUFEEQUE.C., AGED 40 YEARS
               S/O.MAMMAD, CHELAT HOUSE, OLAVANNA P.O.,
               KOZHIKODE DISTRICT - 673 019.

               BY ADVS.
               SRI.T.K.VIPINDAS
               SRI.K.V.SREE VINAYAKAN

RESPONDENTS:

      1        THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD,
               PANTHEERANKAVE BRANCH,
               KOZHIKODE DISTRICT - 673 019
               REPRESENTED BY ITS MANAGER.

      2        THE AUTHORIZED OFFICER
               THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD,
               HEAD OFFICE (RECOVERY SECTION), KALLAI ROAD,
               CHALAPPURAM, KOZHIKODE-673 002

               SRI. P.C.SASIDHARAN - SC

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26.03.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 252/21
                                           2


                                      ORDER

This petition has been filed seeking

review of the judgment dated 17.01.2019 in

W.P(C)No.41397/2018, not because there is any

error apparent on its face, but since the

petitioner has not been able to pay off the

amounts due to the respondent-Bank in the

manner directed therein.

2. Sri.Vipin Das T.K. - learned counsel

for the petitioner, submitted that in spite of

his client's best effort, he was only able to

pay Rs.2,50,000/- subsequent to the judgment

and that he is now requesting that the Bank be

directed to give him a further latitude of

being allowed to pay off the overdues in six

more instalments.

3. In response, Sri.P.C.Sasidharan -

learned Standing Counsel for the respondent-

Bank, submitted that the overdue in the loan

account as on 19.03.2021, is Rs.4,80,710/- and RP 252/21

that if the petitioner is willing to pay this

amount in not more than six monthly

instalments, then the Bank will not stand in

the way of this Court passing such an order.

In the afore circumstances, I allow this

Review Petition to the limited extent of

modifying the payment structure mentioned in

paragraph 9 of the judgment, thus permitting

the petitioner to pay the balance overdue

amount of Rs.4,80,710/-, as on 19.03.2021,

along with all applicable charges and interest

in six equal monthly instalments, commencing

from 26.04.2021.

It goes without saying that petitioner

will also pay the regular EMIs without default

and that all other terms of the judgment will

remain unaltered.

Sd/-

                                           DEVAN RAMACHANDRAN
       RR                                           JUDGE
 RP 252/21



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       ANNEXURE A-1      TRUE COPY OF THE EMERGENCY

OUTPATIENT CARD OF THE GOVERNMENT MEDICAL COLLEGE, KOZHIKODE DATED 13.03.2009

ANNEXURE A-2 TRUE COPY OF THE EMERGENCY OUTPATIENT CARD OF THE GOVERNMENT MEDICAL COLLEGE, KOZHIKODE DATED 22.11.2019

ANNEXURE A-3 TRUE COPY OF THE ULTRA SCAN REPORT OF KOYA'S HOSPITAL DATED 28.02.2020