Risna P.S vs The Kodungallur Town ...
2022 Latest Caselaw 3485 Ker

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                     THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
               Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944

                        RP NO. 309 OF 2022 IN WP(C) 25698/2021(J)




  REVIEW PETITIONER/PETITIONER:

         RISNA P.S , KALLARAKKAL, PADUVINGAL BEACH ROAD, VADANAPILLY,
         THRISSUR DISTRICT, PIN-680 614

  RESPONDENTS/RESPONDENTS:

      1. THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD.NO. 102, ERIYAD BRANCH
         P.O., ERIYAD, PIN-680 666, THRISSUR DISTRICT, REPRESENTED BY ITS
         MANAGER
      2. THE AUTHORISED OFFICER, THE KODUNGALLUR TOWN CO-OPERATIVE BANK LTD
         NO 102, HEAD OFFICE P.O. KODUNGALLUR, PIN-680 664, THRISSUR
         DISTRICT


   Review Petition praying inter alia that in the circumstances stated in the affidavit filed
along with RP the High Court be pleased to stay all further recovery proceedings initiated
against the review petitioner in respect of the loan referred in the judgment dated
24-01-2022 of this Honorable court in WP(C) 25698/2021 pending disposal of this Review
petition in the interest of justice.

    This Review Petition coming on for admission upon perusing the petition and the
affidavit filed in thereof RP and this Court's judgment dated 24-01-2022 in WP(C) and
  upon     hearing      the    arguments    of   M/S.    K.S.RAJESH        &   M.   SHAJU
PURUSHOTHAMAN,Advocates for the petitioner in RP/WP(C)                   and of SRI. V.M.
KRISHNAKUMAR, Advocate for respondents in RP/WP(C), the court passed the following:-




  P.T.O.
                          BECHU KURIAN THOMAS, J.
                       =-=-=-=-=-=-=-=-=-=-=-=-=-=
                             R.P.No.309 of 2022
                                      in
                         W.P.(C) No.25698 of 2021
                   =-=-=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=
                    Dated this the 22nd day of March, 2022


                                            ORDER

This review petition is filed seeking a limited relief of varying

the time stipulated for payment of the first instalment and the regular

EMIs. According to the petitioner, though the first instalment was paid on

24.02.2022 as directed by this Court, the payment of the regular monthly

instalments was defaulted, by an oversight and was attempted to be paid

only after seven days. However, the respondent refused to accept the

payment due to stipulation in the judgment.

2. The respondents vehemently objected to the judgment.

Having regard to the circumstances, the time stipulated in the

judgment dated 24.01.2022 for payment of the regular monthly

instalments as far as the months up to February, 2022 is concerned, shall

stand reviewed and extended till 24.03.2022.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM

Handover

22-03-2022 /True Copy/ Assistant Registrar