Kerala High Court
Beena P.T vs Authorised Officer on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
RP NO. 241 OF 2022
AGAINST THE JUDGMENT IN WP(C) 19154/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/ PETITIONERS :
1 BEENA P.T.,
AGED 45 YEARS
W/O. RAVOOTTY, PUNNATHOTTATHIL HOUSE,
VATAYAM, KOZHIKODE DISTRICT
2 VILASINI,
AGED 66 YEARS,
W/O. KANNAN, PUNNATHOTTATHIL HOUSE,
VATAYAM, KOZHIKODE DISTRICT.
BY ADVS.
P.V.ANOOP
K.V.SREERAJ
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
RESPONDENTS/ RESPONDENTS :
1 AUTHORISED OFFICER,
KUTTIADY CO-OPERATIVE URBAN BANK LIMITED NO.D2650,
KUTTIADY (PO), KOZHIKODE DISTRICT,
PIN-673 508.
2 BRANCH MANAGER,
KUTTIADY CO-OPERATIVE URBAN BANK LIMITED NO.D2650,
KUTTIADY (PO), KOZHIKODE DISTRICT,
PIN-673 508.
BY ADV P.P.JACOB
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021
2
BECHU KURIAN THOMAS, J.
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R.P. No.241 of 2022
in
W.P.(C) No.19154 of 2021
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Dated this the 20th day of May, 2022
ORDER
Petitioner seeks for a review of the judgment dated
28.09.2021 for extending the period stipulated for repayment of the
entire outstanding amount. Petitioner pleads for six months' time or a
change of the date fixed or to pay the first instalment to 01.05.2022
instead of 30.10.2021. Special circumstances are pleaded as reasons to
review the judgment.
2. I have heard the learned counsel for the petitioners as well
as the learned Standing Counsel for the respondents.
3. Having regard to the contentions raised and on a perusal
of the judgment, it is noticed that the judgment under review had
directed the petitioners to repay the entire overdue amount in 'ten'
equated monthly instalments commencing from 30.10.2021. The said
period shall expire by 30.08.2022. According to the respondents, the
petitioners have only paid a total amount of Rs.2,00,000/- till date and
that the claim of the petitioners is not bona fide. The learned counsel
submitted that under no circumstances should the review be allowed.
R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021
Having considered the contentions raised by the petitioners as
well as the respondents, I am of the view that the stipulation of
repayment of the entire outstanding amounts in 'ten' instalments can be
reviewed in view of the peculiar conditions that prevailed till recently so
as to enable the petitioners to repay the entire balance amount by
30.11.2022. The variance in the dates will not cause serious prejudice to
the respondents also and on the other hand, the same will provide an
opportunity to the petitioner to clear the entire liability. The subsequent
wave of pandemic, after the judgment under review cannot be lost sight
of in respect of the peculiar situation of the petitioner. Thus the
judgment dated 28.09.2021 shall stand reviewed to the extent of varying
the dates of repayment. Therefore the entire remaining liability due from
the petitioner shall be cleared by the petitioner on or before 30.11.2022
provided an amount of Rs.1,00,000/- is deposited on or before
31.05.2022. If the petitioners fail to make the said deposit, the benefit of
this order shall not be available and the respondents shall be free to
proceed in accordance with law.
The review petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
R.P. No.241 of 2022 in W.P.(C) No.19154 of 2021
APPENDIX OF RP 241/2022
PETITIONERS' ANNEXURES :
Annexure A TRUE COPY OF THE RECEIPT DATED
01.11.2021.
Annexure B TRUE COPY OF THE RECEIPT DATED
10.12.2021.
Annexure C TRUE COPY OF THE REMINDER NOTICE DATED
01.02.2022 ISSUED BY THE IST RESPONDENT.
