Vijayan Raju @ Vijukumar. M vs Trivandrum Co-Operative ...
2022 Latest Caselaw 12474 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                     THE HONOURABLE MR. JUSTICE T.R.RAVI
          Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                I.A.NO.1/2022 IN W.P.(C)NO.10548 OF 2022 (P)
PETITIONER:

     VIJAYAN RAJU @ VIJUKUMAR. M., AGED 50 YEARS, S/O MOSANADAR,
     KANJIRAM VILA VEEDU, KAKKAMOOLA, KALLIYOOR P.O., THIRUVANANTHAPURAM
     , PIN - 695042.

RESPONDENTS:

  1. TRIVANDRUM CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK, T.170,
     GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM, REPRESENTED BY THE
     SECRETARY, PIN - 695001
  2. THE BRANCH MANAGER, TRIVANDRUM CO-OPERATIVE AGRICULTURAL RURAL
     DEVELOPMENT BANK, T.170 GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM,
     PIN - 695001
  3. THE SALE OFFICER, TRIVANDRUM CO-OPERATIVE AGRICULTURAL RURAL
     DEVELOPMENT BANK, T.170, GOVERNMENT PRESS ROAD, THIRUVANANTHAPURAM,
     PIN - 695001

     Application praying that the circumstances stated in the affidavit
filed therewith the High Court be pleased to modify the judgment leaving
liberty to the petitioner to pay off the entire liabilities to the 1st
respondent, by availing the benefit of One Time Settlement, if any,
offered by the respondent Bank.
     This application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's judgment dated
30.08.2022 in WP(C) and upon hearing the arguments of M/S.S.KRISHNA &
GOVIND R., Advocates for the petitioner in IA/WP(C) and of SRI.SUMAN
CHAKRAVARTHY, Advocate for R1 in IA/WP(C), the court passed the following:

                                                                     [P.T.O.]
                                         T.R.RAVI, J.
                        ---------------------------------------------
                               W.P.(C).No.10548 of 2022
                   ------------------------------------------------------
                     Dated this the 23rd day of December, 2022.

                                                 ORDER

I.A.No.1 of 2022

The petitioner seeks a modification of the judgment

by including a liberty to the petitioner to pay off the entire liabilities to

the 1st respondent by availing the benefit of one time settlement, if

any such scheme is available.

2. In judgment dated 30.08.2022 this Court had directed

the petitioner to pay off the liabilities in 12 equal monthly

instalments. Since it was not known whether any one time

settlement scheme is available, the said aspect was not considered

while disposing of the judgment.

In the circumstances, it is made clear that the judgment

dated 30.08.2022 will not be a hindrance to the petitioner to

approach the 1st respondent for settlement of the entire dues

in one time settlement scheme, if any such scheme is available with

the Bank.

Sd/-

T.R.RAVI JUDGE LEK

23-12-2022 /True Copy/ Assistant Registrar