Vijayakumar .P.S vs Union Bank Of India
2022 Latest Caselaw 8275 Ker

               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.
                 -----------------------------------------
                          R.P.NO. 553 of 2022
                                     IN
                      W.P.(C)NO. 22096 OF 2021
                  ----------------------------------------
                 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

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

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